Implementing and Rethinking the European Union's Asylum Legislation: The Asylum Procedures Directive

The Asylum Procedures Directive, which was put in place in the context of the Common European Asylum System, is expected to both harmonise the asylum procedures in the European Union and to safeguard applicants’ rights. This article explores various steps in the implementation of the directive, starting with transnational negotiations which aim to influence domestic asylum policies. Focusing on asylum systems in Germany and Sweden, the article shows that the way decision makers implement the directive is shaped by diverging domestic asylum policies. The risk of failing common standards, however, is not only a matter of implementation, but inherent in the directive's design. Furthermore, harmonisation does not necessarily improve compliance with the principles of international refugee law. Safeguarding protection seekers’ rights requires rethinking both asylum legislation and the role of the actors who intervene in its implementation.     

Aid, Relief, and Containment: The First Asylum Country and Beyond

A fundamental problem that confronts the European Union today is how it can maintain its commitment to the institution of asylum while checking irregular migration and the abuse of its asylum system. In order to explore a response to this dilemma the paper addresses the following questions: what role can relief and aid policies play in influencing migration patterns? What should be the appropriate approach to the granting of relief and aid to developing countries of first asylum? Should it be viewed as a part of the larger problem of development or be treated as a distinct issue? What kind of a relief/aid model will help refugees return to post–conflict societies and stop the conflict from reproducing itself? The paper examines two different approaches to address these questions: the alliance–containment approach and the distributive–developmental approach. It also looks at some empirical evidence, which reveals that at present it is a conservative alliance–containment approach that informs EU relief and aid practices. This approach, however, does not help achieve the stated objective of checking abuse of asylum and migration procedures while sustaining a commitment to a liberal asylum regime. The paper goes on to identify the gaps in EU policy and the lessons that can be drawn. It concludes by looking at different policy alternatives and suggesting the adoption of a reformist distributive–developmental model. The implementation of this model holds out the hope of reverting to a more liberal asylum regime while controlling irregular migration and “bogus” asylum seekers, for the reformist distributive developmental model takes a more long–term view of migration trends and also seeks to address the growing North–South divide.     

The right to education of children and youngsters from refugee families in Europe#

Abstract

The right to education of children and youth from asylum seeker and refugee families is currently being threatened in Europe. Two factors explain this: the sudden and disorganised arrival of large numbers of asylum seeker families, and the inconsistent integration of those seeking refugee status and those who have gained such status. The actual implementation of the right to education for asylum seekers and refugees is a result of a complex combination of factors related to the asylum seeking process: demographic, psychological, economic, legal and sociological. Asylum seeker and refugee education are impacted significantly by these factors. This paper tries to explore whether EU Member States are coping successfully with such dimensions. We provide information on the current situation in Europe, as well as a summary of the latest policy recommendations aimed at improving the present situation.     

Analysing the creation of apartheid for asylum seekers in the UK

This article provides an examination of the contradictory conceptions of community and the misrepresentation of economic migration which have informed the UK Labour government's ‘modernisation’ of immigration and asylum policy. It does so by providing an outline of the provisions of the 1999 UK Immigration and Asylum Act‐in particular the new support system for asylum seekers‐and by examining the thinking which informs and justifies the legislation. It argues that UK immigration and asylum policy has continued to draw on notions of community which, in an unacknowledged way, relate to the categories of nation and ‘race’. It also argues that asylum policy is built on an ideological construction of the ‘economic migrant’ which is wholly misleading and lacks any serious evidential support. The article concludes that there is a continued, although unacknowledged, adherence to a version of British nationalism based on an ‘imagined community’ of nation which has long racialised particular groups of migrants and their descendants. The result is to maintain and modernise the racism of UK immigration controls. Este artículo ofrece una examen de los conceptos contradictorios de comunidad y de la tergiversación de la migración por razones económicas que han informado la modernización de la política del gobierno laborista del Reino Unido en cuanto a inmigración y asilo. Facilita el examen por un resumen de las disposiciones de la ley 1999 UK Immigration and Asylum Act‐en particular el nuevo sistema de apoyo para los que buscan asilo‐y por un examen del pensar que informa y justifica la legislación. Sostiene que la política del Reino Unido en materia de inmigración y asilo sigue haciendo uso de nociones de comunidad que, de una manera no reconocida, están relacionadas con categorías de nación y raza. También sostiene que la política en cuanto a asilo se basa en una construcción ideológica del ‘migrante por razones económicas’ que es a la vez engañosa y falta de pruebas serias. El artículo concluye que existe una adhesión continua, pero no reconida, a una versión de británico que se basa en una ‘comunidad imaginada’ de nación que por mucho tiempo ha discriminado por raza a ciertos grupos de migrantes y a sus descendientes. El resultado es el mantener y modernizar el racismo del control de immigración del Reino Unido.     

A new asylum law for the KRI and Iraq: Reality or wishful thinking?

Despite having its own internal population displacement due to conflict and civil war, Iraq and the Kurdistan Region continue to accommodate large numbers of refugees from Iran, Palestine, Syria and Turkey. However, Iraq has not ratified the internationally recognized legal framework for the protection of refugees. Currently, the protection offered to asylum seekers in Iraq is regulated by secondary legislation, mostly in the form of administrative circulars. The lack of an applicable law regulating the status of asylum seekers has led to local-level ad hoc policy implementation. Similarly, the Kurdistan Region of Iraq has no legal provisions in its domestic legislation to regulate the status of refugees. This study presents: (a) the argument that Iraq must adopt legislation to regulate the entry, exit and stay of migrants, in line with international protection for both asylum seekers and the provision of adequate rights to refugees, and in accordance with international human rights standards; (b) a proposal for provisions for such legislation in Iraq; and (c) a timely impetus to re-energize local strategies aimed at filling these normative legal gaps through domestic agreements rather than regional and/or international ones.     

Bulgarian Turkish emigration and return

The main factors which determined the 1989 migration of Turks in Bulgaria back to Turkey are discussed. Background history is provided. After World War I, Turks in bulgaria comprised 10% of the total population. Bulgarian policy had been, up to the 1980s to send Rumelian Turks back, but the policy after 1980 was one of a national revival process to integrate Turks into the developed socialist society. Muslim traditions, customs, and Turkish language were interfered with. International disfavor resulted. In May 1989, the Communist Party declared, in an effort to show democratic ideals, open borders. Thus began the new emigration wave. 369,839 people fled to the Turkish border. 43% of the 9.47 ethnic Turks in bulgaria went to Turkey within 4 months. The numbers decreased in November, and soon after the communist regime ended. New laws were adopted allowing Turks to assume their original Turkish names. The huge migration was clearly political, and as such, the emigrant Turks should be determined as refugees and asylum seekers. The provocation of ethnic Turks was used by the communist regime to solve potential social conflicts. Not only did Turks flee to escape from violence or for religious, cultural, and moral reasons but also due to free market initiatives begun in Turkey in the early 1980s which improved Turkish quality of life. Food and consumer goods were cheaper and economic advantages were perceived. Emigrants were primarily peasants with lower levels of education, professional qualifications, and labor skills. 154,937 (42%) returned to bulgaria and 58% stayed in Turkey to comprise 25% of the former Turkish population. During this period, tensions between countries was high.l Bulgarians actively encouraged emigration and Turkey welcomed it. The emigrants to Turkey were seen as foreigners (muhacir or gocmen) but were received with good will and were readily accepted into menial positions. Emigrants were confronted with political, linguistic, and cultural differences. The unifying factor was the Islamic religion. For those returning to Bulgaria, the change in regime meant the government worked to solve the emigrants' housing problems and teaching Turkish in primary and secondary schools. The result of this massive migration has been a change in the demographics and social structure of Bulgaria, and the realization that forceful migration is inefficient in solving problems.     

Conversion as a Migration Strategy in a Transit Country: Iranian Shiites Becoming Christians in Turkey

The role of religion during migration processes has been overlooked by scholars in the past although the relationship between religion and migration has a long history. Normally, religion is considered as an integrating agent, but for some Iranian asylum seekers in Turkey, religion and especially religious conversion is used as a tool for migration. This article draws on the migration histories of Iranian asylum seekers in Turkey who initially intended to go further west only to have stayed in Turkey either because of the long procedures of asylum application in Turkey or because they were rejected and have become “illegal aliens” who do not want to return to Iran. Turkey still preserves geographic limitation of the 1951 Geneva Convention on Refugees. Therefore it does not accept non‐European asylum seekers to settle on Turkish soil. Ironically, however, most asylum applications were made by people from the Middle East, mainly from Iran. Based on the extensive fieldwork carried out in various cities in Turkey where the Iranian migrants are heavily concentrated, this article demonstrates how conversion from Shi’a Islam to Christianity is used as a migration strategy and how and to what extent these asylum seekers use religion and their newly acquired social and religious networks within churches of the transit country to reach ultimately the West as refugees. As conversion is sustained through social networks as well as churches and missionaries, this unique situation can be explained by employing the social capital theory within the context of an institutional component.     

Group Work Practice with Australia's Asylum Seekers

Abstract

Australia's asylum seekers have been rendered voiceless by the circumstances in which they find themselves, circumstances that include being subjected to punitive government policies, denial of basic rights and needs, economic impoverishment and social disadvantage. The Asylum Seekers Centre (ASC) in Sydney provides an individualised casework service to asylum seekers. The ASC also provides opportunities for asylum seekers to improve their circumstances through attending English classes and participating in other educational and social group programmes. The present paper is concerned with small group facilitation of mutual aid processes at the ASC. It focuses on one group programme, ‘Open Forum’, to illustrate a strengths-based empowerment practice. The paper concludes with some suggestions for extending group work practice with and on behalf of asylum seekers.     

Refugee movements and Turkey

There has been a long tradition in the Ottoman Empire and the Turkish Republic of receiving refugees. There were Jewish refugees from the Spanish Inquisition, Hungarians and Poles fleeing revolts in 1848-9, and those of Turkish descent and usually from the Balkans. Concurrent with this trend is the history of refugees and immigrants leaving Turkey, such as many Armenians, Greeks and Jews leaving at the turn of the century, and after 1923 and the Treaty of Lausanne. Little is currently published on the topic. This article defines a refugee; provides an overview of the refugee problems of the 1980's due to Bulgarian, Kurdish, and Turkish refugees; and the legal and political aspects. As a country of origin, there is discussion of the political and economic aspects of Turkish asylum seekers in Europe. The potential refugee flows to and from Turkey are also examined. I) For this study, refugees are victims of political violence and are persecuted for political or religious beliefs, ethnic or racial background, or war. In Turkey, there are national refugees, international refugees outside the Convention, and UNHCR Convention refugees. During the 1980's all 3 groups were arriving: from eastern Europe, Iranian Kurds, Iraqis, and ethnic Turks from Bulgaria and Afghanistan. The Turkish restricted acceptance of the 1951 Convention on Refugees creates serious humanitarian and security consequences for refugees other than those from eastern Europe and of Turkish ethnicity. Political considerations play an important role in treatment where security threats outweigh humanitarian need. The case is given for Kurdish refugees. II) Asylum seekers from Turkey in Western Europe was determined between 1986-90 to be 185,000 from applications. These figures have risen steadily due to the political instability and military activity of areas bordering Iraq and Syria, the Emergency Region. In addition there are economic and employment problems, and there has been a suspension of human rights. Europe in return has tightened legislation and procedures to differentiate economically motivated refugees from authentic political asylum seekers. Further research is needed to investigate refugee problems. Further refugees may come due to the promotion of a Black Sea Cooperation Region and easier crossings of borders to the former Soviet Republics. Ethnic Turks in Moldavia or Romania or Bulgaria may leave due to unrest. Factors affecting asylum seekers are improvements in Turkey's human rights record, repeal of bans of the Kurdish language, completion of the South Eastern Development Project, and the European government policy on asylum.     

From Limited to Active Engagement: Mexico’s Emigration Policies from a Foreign Policy Perspective (2000–2006)

Mexico’s emigration policies – including the state’s engagement with the diaspora, the discourse in relation to emigrants, the responses to U.S. migration policies and legislation, and the priority given to the issue in the national and bilateral agendas – have undergone a process of transformation since the late 1980s and particularly after 2000. From a history of generally limited engagement in terms of responding to U.S. policies and a traditional interpretation of consular protection activities, Mexico has gradually developed more active policies in relation to the diaspora and began a process of redefining its position on emigration. In addition to the processes of political change in Mexico and the growing impact of migrants’ transnational activities, changes in Mexico’s emigration policies are also a result of transformations in foreign policy principles and strategies, mainly as a result of the evolution of U.S.‐Mexico relations since the late 1980s and particularly since NAFTA. These findings demonstrate the significance of international factors – namely host state – sending state relations and foreign policy interests, discourse, and traditions – in the design and implementation of migration policies and the need to develop multi‐level analyses to explain states’ objectives, interests, and capacities in the management of migration.     

DEPORTED: The Right to Asylum at EU’s External Border of Italy and Libya1

During the past year the temporary holding centre for irregular migrants in Lampedusa, Italy’s southernmost island, has been repeatedly denounced for instances of procedural irregularities and alleged human rights violations. This study presents an overview of events and policies implemented by the Italian and Libyan Governments, the European Union and the International Organization for Migration and outlines the contentions surrounding these policies. It argues that the implementation of the detention and return schemes, commonly discussed in terms of the externalization of asylum, does not actually relocate the asylum procedures outside the EU’s external borders but rather deprives asylum seekers of the possibility of accessing asylum determination procedure. It further suggests that policies geared towards deterring irregular migratory flows into Europe and combatting smuggling in migrants in Libya, might paradoxically result in ‘illegalizing’ the movement of migrants in northern Africa and increasing the involvement of smuggling networks. The study ends by raising the issue of the political responsibility of all actors involved and suggests the most affective ways to balance the rights and responsibilities on asylum at the EU’s southern border.     

The Politics of Childhood and Asylum in the UK

This article considers the general treatment of asylum‐seeking families with children in the UK, focusing on the government's practices and public reactions to these measures. It first describes both the exclusive asylum framework, based on institutionalised suspicion, welfare restrictions and detention, and the inclusive child policy framework, based on recognising children's rights and protecting all children. The article then investigates the implications for policy‐making that these radically opposed regimes have for those who fall between the two categories, i.e. asylum‐seeking children. To this end, we examine more closely three asylum practices — Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, detention of accompanied asylum‐seeking children in immigration removal centres and removals. Our analysis indicates that the government's attempt to fully include families within the restrictive asylum framework has been somewhat frustrated by the mobilisation of a wide range of public actors. As such, despite its supposedly ‘legally unconstrained’ room for action, the government has recently agreed to partly review its policy standards for asylum‐seeking families, apparently aware of the potentially damaging effects of being seen as disregarding children's rights and needs. On the other hand, the government does not seem inclined to question the current asylum framework and the assumptions on which it is based. Consequently, the asylum system for families is likely to remain based on ad hocarrangements conditioned by the scale of the protests.     

Protecting Women Asylum Seekers and Refugees: From International Norms to National Protection?

Little attention is paid in most national asylum policies and legislation to the specific position of female asylum seekers, and to gendered aspects of refugee and asylum situations. Further, even in those countries that have adopted asylum legislation to specifically address the question of women asylum seekers and victims of gender specific persecution, problems still remain in the implementation of these policies and in the full recognition of persecutions specific to women. Whilst the issue of protection of women victims of this type of violence have been put on the international agenda, at least to some extent, through directives on the defence of women’s human rights and on the protection of female refugees and asylum seekers, the international norms which have thus been created have been implemented unevenly and unequally in different national contexts. This article seeks to analyse the extent to which national asylum legislation and policies have integrated a concern with the protection of women victims of gender specific forms of persecution, and how effective this implementation has been. The article will engage critically with existing accounts of global norm creation to examine the uneven diffusion and implementation of norms on the protection of female refugees, pointing to the importance of discursive opportunity structures open to actors in mobilising around these issues at local and national levels. It will also argue that even where policies and legislation dealing specifically with women refugees and asylum seekers do exist, they may not actually address some of the important insecurities facing these women because of an approach that does not fully comprehend and act upon gendered structures and relations of power.     

Photographs from the Grahamstown Lunatic Asylum,South Africa, 1890–1907

This essay investigates photographs taken at the Grahamstown Lunatic Asylum during the superintendence of Dr Thomas Duncan Greenlees, from 1890 to 1907. It examines two specific sets of photographs: first, the photographs taken for public consumption, and, second, the casebook photographs of the patients. I argue that the photographs produced for public consumption ascribe to the broader public image of the asylum. Greenlees constructed a public image of the asylum being committed to the curative regime of moral therapy while catering to the tastes, proclivities and activities of white private patients. The photographs for public consumption also include images of black patients. Yet, in this time of British colonial rule in South Africa, there was differential treatment for black patients. Under Greenlees’s superintendence, they were assigned supervised physical labour tasks under the pretext of them being occupational treatment. The discourses of cure and recovery in such a “treatment” regimen become signalled by the black patient’s ability to work. Thus, the curative ideal of the asylum for black patients, disseminated as its public image, is primarily concerned with domesticating black bodies into a docile and cooperative labour force. However, the public image of black patients as being passive before the asylum’s regimen is problematised through an analysis of the second set of images – the casebook photographs. These photographs depict patients confronting, refusing and resisting the asylum administration. Thus, the casebook photographs are valuable in recuperating active resistance and hold the potential to undermine the public image of the asylum.     

Best Practice Options: Turkey

At the ninth Migration Dialogue seminar, held 29–31 March 2001 in Istanbul, Turkey, opinion leaders discussed the major immigration and integration issues facing emigration, transit, and immigration countries. Several major issues regarding Turkey were discussed. 1 This report was prepared after the seminar for participants and others interested in migration and development issues. It has not been approved by participants, and thus should not be considered a consensus document.
First, the effect of the Turkish Government’s modernization effort, which began in the 1920s. In the 1960s the government began to promote the export of surplus labour, with the hope that sending workers abroad from less– developed parts of the country would bring remittances and returned workers with skills needed for modernization. Among the governments of labour–exporting countries, Turkey’s has been unique in its high hopes for recruitment, remittances, and returns. They were expected to bring about a transformation of the country. These high expectations help explain the widespread frustration with migration’s actual effects. Second, the Turkish Government’s current goal of gaining full membership in the European Union (EU). Ankara stresses that the EU should embrace full Turkish membership for a variety of reasons, including the country’s strategic position between Europe and Asia, and to send a signal to other Muslim societies, such as those of North Africa, that the EU will include Muslim societies that are secular and democratic. Third, Turkey’s fear that EU membership would lead to another wave of migration. Many Europeans fear that Turkish EU membership would lead to another wave of migration. Turkey hopes that admission to the EU will bring EU assistance and foreign direct investment (FDI) that creates jobs and pushes up wages, thus making migration insignificant. Finally, Turkey’s position as an emigration, transit, and immigration country. There are 3 to 4 million Turks abroad, 3 to 4 million foreigners living in Turkey (perhaps half Iranians), and tens of thousands who move through Turkey to Europe. Turkey is revising its asylum law in a manner that will allow persons fleeing persecution outside Europe to be considered refugees in Turkey, to establish for the first time a support system for refugees.     

New Approaches to Asylum?

Since its inception 50 years ago, the international asylum regime has shifted through a series of discernibly different approaches. The most recent approach has been characterized by restrictions on asylum-seekers, manifested initially through a reluctance to grant asylum, and today through a reluctance even to admit asylum-seekers.
There is now a growing consensus that this approach is unsustainable. States are recognizing that restrictions have not fulfilled their original aims of reducing the number of asylum-seekers, and furthermore have had unintended consequences that include the growth of human smuggling and trafficking.
UNHCR is concerned about the erosion of the entire concept of asylum. Asylum advocates, NGOs and human rights activists argue that restrictions have impacted as heavily on those who need international protection as on those who do not. As a result, a wide range of new initiatives are being proposed, which may pave the way for the evolution of a new approach to asylum.
This article analyses the evolution of restrictions in the asylum regime, explains the failing of this approach, and finally reviews possible ways forward.     

The evolution of the policy environment for climate change migration in Bangladesh: Competing narratives,coalitions and power

In spite of an enormous increase in attention to climate migration in Bangladesh, institutional weaknesses have meant that unplanned migration has triggered social issues. This situation requires investigation of the main challenges and opportunities in institutional capacity and policy development for climate change induced migration. Drawing on different narratives, networks and power status of stakeholders, this study identifies two competing coalitions: ‘in‐situ’ coalition, which shares the belief that migration is a failure of adaptation, and ‘ex‐situ’ coalition adhering to the emerging slogan of “migration as adaptive strategy.” The differentiated powers of two coalitions to some extent leave the agenda of climate migration in the policy domain as a subject of informal institutional capacity rather than a formal regulatory framework. Consequently, the evolution of the policy environment for climate migration depends on how effectively a greater policy space is determined by narratives, coalitions and power. Through a political economy lens, this article seeks to clarify the potential approaches to extending the policy space regarding climate migration in Bangladesh, first by improving ideological pluralism in international climate change finance, and, second, enhancing the bottom‐up process for resource mobilization. In short, the evolution of the policy environment for climate change largely depends on the political power of the ‘ex‐situ’ coalition.     

EUROPEAN MIGRATION POLICY IN THE AFTERMATH OF SEPTEMBER 11

Many studies have explored the security logic of EU policies on migration and asylum, which served as the legitimizing factor for adopting restrictive measures and for cutting back the rights of third-country nationals. The involvement of the European Commission in this policy area after the Treaty of Amsterdam came into force signalled a move towards more liberal immigration policies, which recognized the positive contributions made by labor immigrants. However, the terrorist attacks of September 11 brought the liberalization of European migration policy to a halt. In the context of these developments, this paper aims to readdress the security–migration nexus, utilizing but also extending the concept of ‘securitization’, developed by the ‘Copenhagen School of Security Studies’. By analyzing institutional developments in the area of internal security in the EU, it demonstrates that the events of September 11 did not initiate the insecurities, uncertainties, ambiguities and complexities in regards to migration policy; rather they accelerated dynamics that were already deeply rooted in the emerging European internal security regime. The paper concludes that the discourse that links migration to security is a construction that is both exaggerated and problematic, yet it has been further reinforced in the post-September 11 context.     

Reproducing authoritarian neoliberalism in Turkey: urban governance and state restructuring in the shadow of executive centralization

ABSTRACT

The implosion of popular struggles against the erosion of economic and democratic rights in the Middle East has thrown into sharp relief the co-constitutive character of neoliberal reforms and authoritarian state practices. This article zooms in on this relationship, and traces the consolidation of a core component of authoritarian statisms by examining how the ruling AKP government in Turkey has facilitated executive centralization. This process refers to a form of state restructuring whereby key decision-making powers are increasingly concentrated in the hands of the central government while democratic avenues to contest government policies are curtailed through legal and administrative reforms, and the marginalization of dissident social forces. I unpack the mechanisms of executive centralization in Turkey by exploring the transformation of urban governance under AKP rule, which has promoted a spectacular degree of state-led commodification of land and housing while simultaneously recentralizing key decision-making powers. The investigation demonstrates that executive centralization in urban governance has paved the way for the swift implementation of contested urban transformation projects marked by a non-participatory approach to urban ‘renewal’, the reconfiguration of the state’s redistributive function vis-à-vis low-income households, and a tendency to exacerbate existing patterns of inequalities in the housing market.