Colonialism,Decolonisation, and the Right to be Human: Britain and the 1951 Geneva Convention on the Status of Refugees

The Geneva Convention on the Status of Refugees is central to scholarship on refugee and asylum issues. It is the primary basis upon which asylum seekers make their claims to the majority of host states today and, as a key text of the human rights framework, has come to be associated with the very idea of a universalised rights-bearing human being. Yet British asylum policy today is characterized by efforts to limit access to the right to asylum. Many scholars believe this is because asylum seekers today are different, in character and number, to previous cohorts of applicants. This article goes back to the founding of the refugee rights regime and investigates the exclusions of colonized peoples from access to the right to asylum. Using Chimni's concept of the “myth of difference”, the article demonstrates that asylum seekers have long existed outside of Europe, and that their exclusion from international rights has been both longstanding and intentional. This historical sociology suggests that the basis for critical work on the issue of asylum policy today must be one which takes colonial histories into account.     

ACCOUNTING FOR STATE APPROACHES TO ASYLUM SEEKERS IN AUSTRALIA AND MALAYSIA: THE SIGNIFICANCE OF “NATIONAL” IDENTITY AND “EXCLUSIVE” CITIZENSHIP IN THE STRUGGLE AGAINST “IRREGULAR” MOBILITY

This article uses the case studies of Australia and Malaysia to examine how diverse states in the Asia-Pacific region approach asylum seekers in practice and in discourse. Using a social constructionist approach to identity, the article highlights how governments in each country have grappled with “irregular” migration and the challenges it poses for national identity through processes of “othering” and “exclusion.” This comparison shows that the process of excluding asylum seekers on the basis of identity is not a Western phenomenon, but one extending to countries across the region. It is maintained that state discourses around asylum seekers within the two countries are framed in similar arguments centred around the concepts of “irregular” mobility, “national” identity, and “exclusive” citizenship. More specifically, it is demonstrated that both the Malaysian and Australian governments have projected asylum seekers in the public realm primarily as “illegal” through their undocumented mobility, and within this discourse as “threats” to national identity and security and therefore “unworthy” of citizenship privileges through resettlement or local integration. It is argued that each government has used trajectories specific to their own nation-building process to make their arguments more relevant and appealing to their constituents. A key premise of this article holds that an understanding of the rationale underpinning each government's asylum approach will contribute to establishing more open and constructive regional dialogue around the asylum issue.     

Responses of the social work profession to unaccompanied children seeking asylum in the Republic of Ireland

The Republic of Ireland is rapidly developing immigration legislation and policies to respond to its relatively new status as a destination for asylum seekers and refugees within the European Union. New political definitions of asylum seekers and refugees are being constructed in a country with its own history of mass emigration. At the same time, the economic growth that is making Ireland a more attractive destination for asylum seekers and refugees has also fuelled an unprecedented expansion in the employment of social workers. Specialized services are now being developed for unaccompanied children who are seeking asylum. This expansion in the number of social workers and growth in service provision has led to little professional debate about the role of social workers with asylum seekers and refugees. This paper examines the questions raised by the provision of social work services to these children and considers the wider implications for the development of the social work profession and social work practices in Ireland.     

Racism,class ethos and place: the value of context in narratives about asylum‐seekers

The British public view asylum‐seekers in generally negative terms. Yet whilst there are an abundance of reports and opinion polls that measure levels of hostility in order to fuel political ‘debate’ very little is known about how asylum seekers are spoken about in more quotidian contexts. Based on an ethnographic study of racism in Southend‐on‐Sea, Essex this paper identifies two kinds of narrative (abstract truths and context‐dependent stories) commonly used by established members of the community to speak about asylum‐seekers. The paper then seeks to explain why more affluent, suburban residents of the town tend to draw upon the abstract narrative while less wealthy, centrally located residents are more likely to regale context‐dependent stories about asylum seekers. An explanation for this socio‐spatial phenomenon is constructed around a Bourdieusian theory of practice that unravels local class relations and maps out a field for local symbolic prestige. Finally this microanalysis is used as a springboard to consider the wider relationship between racist narratives and social and cultural reproduction.     

Accommodating strangers: British hospitality and the asylum hotel debate

This article examines the accommodation of asylum seekers through Jacques Derrida's ethical writings on hospitality, generosity and parasitism. The differing hospitable spaces of the asylum and the hotel, and of the strange figures of the asylum seeker and the tourist, are discussed with reference to these discourses of “giving” and “taking”, paralleling Derrida's opposition between unconditional hospitality and hospitality‐as‐economy. This “new racism” towards asylum seekers is thus located within the economic sphere, as asylum control is linked to the welfare state and to fears of strangers' parasiting the host nation. However, I argue that it is the nation‐state that parasites asylum seekers both through their defining difference and their contribution to service economies. Ultimately then the asylum hotel does exist, as Stephen Frears' film, Dirty Pretty Things (2002), illustrates.     

Iraqi refugees in Jordan: lessons for practice with refugees internationally

Asylum seekers, refugees who are resettled in third countries or those who are forced into refugee camps, present new challenges to social work practitioners. In an attempt to advance theory and develop specialised practice in the area of refugee studies within social work as an international profession, we argue that whatever the flight context, the country of asylum or of resettlement, there is a process underlying what Malkki referred to as refugeeness. This article focuses on the situation of Iraqi refugees in Jordan as an example of the challenges that confront today's refugees. We show that salient issues raised in a local community centre's needs assessment mirror those elements that are central to integration processes that have been discussed in much of the refugee studies literature across the world. We show how these concerns are closely linked to processes that resettled refugees and asylum seekers face, regardless of the country of resettlement. We introduce a framework for analysing an individual refugee's situation and show how an international phenomenon is linked to local practice.     

Lost in the System? Disabled Refugees and Asylum Seekers in Britain

This short paper calls for greater awareness of disabled refugees and asylum seekers living in Britain. Currently, policy makers, many refugee communities and the disability movement fail to consider disabled refugees and asylum seekers, perhaps because they constitute a minority about whom data are rarely available. Focussing on the particular combination of circumstances affecting disabled refugees and asylum seekers, this paper presents recent changes in support arrangements for refugees and asylum seekers. The paper also calls for greater involvement in refugee issues by the disability movement.     

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.     

TESTIMONIO AND SPACES OF RISK

Asylum seekers and refugees tend to be marginalized in physical and discursive spaces, especially in times that are orchestrated as socially, politically, financially and environmentally risky. This article explores the interrelationship between genre and social space from the perspective of asylum seekers and refugees, and how refugees and asylum seekers in the USA, Germany and Hong Kong exposed spaces of risk through testimonio (testimonio is a genre term used throughout the paper and will be explained later). Asylum seekers and refugees testified to social practices like lengthy asylum processes, immobility, criminalization of asylum seekers, or distrust by locals in virtual space and in face-to-face encounters. Testimonio, thus, reflected on social practices and through this reflection, exposed spaces of risk that threatened the well-being of forced migrants. However, asylum seekers did not dwell in those spaces of risk. By publishing testimonios in virtual environments, some asylum seekers became agents of their biographies and created spaces in which they could voice themselves on their own terms.     

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.     

The Policy Transfer Model

ABSTRACT

“New” social welfare policies are often actually policies borrowed from other states or nations. This paper reviews the recent theoretical developments in understanding the processes of policy transfer and presents a “policy transfer” model that can be a useful heuristic tool for social workers engaged in policy making. It discusses how the field of social work can benefit from understanding the factors underlying successful and unsuccessful policy transfer, and argues for the inclusion of the study of policy transfer in social welfare policy courses.     

The role of critical social work education in improving ethical practice with refugees and asylum seekers

ABSTRACT

This paper uses critical reflection as its primary methodology to research one Master of Social Work student’s former practice experiences as an Australian immigration officer. The paper contextualizes the study by offering a critical analysis of hegemonic constructions of asylum seekers in Australia, which are reflected in Australian law and policy, as well as potentially influencing social work practice. Critical reflection on one of the author’s practice provides a rich case study that reveals the tensions of government-employed social workers in restrictive environments, and the espoused social justice values of the profession. The findings hold implications for both social work education and practice, suggesting that critical social work education, and in particular, the use of critical analysis and reflection, can improve ethical practice with refugees and asylum seekers.     

Asylum Seekers and Undocumented Migrants’ Increased Social Rights in Sweden1

The most direct way to regulate immigration is to decrease the possibilities to reach a state’s territory through visa demands, carrier sanctions, and limiting the chances of granting a residence permit even when a person succeeds in reaching a state’s territory. However, during the last decade several scholars noted that in an attempt to decrease the number of asylum seekers, states have also started to curb asylum seekers and undocumented immigrants’ right to work and social benefits. Intriguingly, even though Sweden has followed this international pattern of using direct ways to curb the number of asylum seekers, this paper shows that to a large extent Sweden has abstained from using the more recent indirect methods. Although there are examples of reductions in social benefits, the trend has generally been the reverse in Sweden. Unexpectedly, we suggest that an economic crisis, such as the one that occurred in Sweden in the early 1990s, may lead to an increase of certain rights. We also discuss a number of possible explanations for the Swedish case, including whether a proportional electoral system creates possibilities for small parties to influence policies pertaining to social rights. Furthermore, since we demonstrate that in recent years children have been the primary beneficiaries of an increase in social rights, we suggest that groups perceived to be vulnerable are more likely to experience an increase in social rights.     

Inter‐professional Learning to Prepare Medical and Social Work Students for Practice with Refugees and Asylum Seekers

Social workers and medical practitioners, particularly those in general practice, provide services for individuals who experience social exclusion. Access to medical, health and social care services has been identified as problematic for refugees and asylum seekers, reflecting their marginalised status within society. It is widely accepted that multi‐agency responses and working together are key requirements in improving access to services and promoting social inclusion; however, achieving this across professional and agency boundaries often remains challenging. Joint planning and training have been suggested as being important in improving communication, leading to more flexible and creative services.

This paper describes the genesis and implementation of a series of innovative inter‐professional workshops for medical and social work students, focussing specifically on marginalised groups. Learning and teaching input was developed by, and came from, service users and qualified medical, health and social work practitioners. The paper focuses particularly on the sessions relating to refugees and asylum seekers. The content and structure of the sessions are discussed and students' responses are reported. The implications for future inter‐professional learning and practice in relation to socially excluded groups are highlighted.     

East Timorese women asylum seekers in Australia: Extrapolating a case for resettlement services

After up to 10 years of living as asylum seekers in Australia it appears that most of 1650 East Timorese will be granted permanent residency. The present study describes research into the wellbeing of East Timorese women asylum seekers that found severe risks to social and emotional wellbeing associated with prolonged asylum seeker status. The research findings highlighted a need for measures to protect the wellbeing of asylum seekers during the assessment stage of applications for protection visas. The author refers to the research findings to encourage debate around the need for asylum seekers generally to have access to resettlement services as a policy strategy to provide necessary psychological and material support. Arguing that neglect of basic assistance during the assessment phase of protection applications potentially breaches the UN Declaration, the author illustrates individual, community and global benefits of providing adequate support and avenues for personal development to asylum seekers.     

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.     

Students and Refugees Together: Towards a Model of Practice Learning as Service Provision

Between 2001 and 2003, 14 assessed placements were provided for social work students through students creating a ‘virtual’ agency offering a service to refugees and asylum seekers. Drawing on research in progress regarding a unique project in South West England, this paper explores an inclusive model that creates a context for students to integrate theory and practice at the cutting edge of professional practice.

The START project is a service to refugees and asylum seekers, a group that experience acute social exclusion and media‐induced hostility, provided for two years entirely by students as part of their professional course requirements. Holistic, needs‐led assessment, cultural sensitivity and advocacy by students allow families and unaccompanied minors to access otherwise inaccessible resources.

In the current context of changing arrangements for practice assessment, emphasis on multi‐disciplinary learning and service user involvement, this offers an alternative to the ‘apprenticeship’ model for students in developing a secure professional identity. Student learning is framed as contribution rather than burden in the organisational and employment arena and service‐user outcomes have been dramatic. The focus of this paper is on the educational impact from the perspectives of students and practice teachers and an alternative model of practice learning.     

Motherhood Motivations: African Refugee Women Resettled in Australia and Return Visits to a Country of First Asylum

This article expands on conceptualizations of refugee “return” by examining why African women resettled as refugees in Australia return to visit the country of first asylum from which they were previously resettled. I show that their return visits do not relate to attachment to place, but are motivated by social obligations to practise “motherhood” to family members who, due to conflict‐induced displacement, remain in a country of first asylum. I argue that the phenomenon of refugee “return” cannot be conflated exclusively with return to country of origin but is, for African women in particular, centred on the reinvigoration of care relationships across diasporic settings of asylum in which family remain. Building on an emergent focus on feminization in migration studies, I show how these gendered dynamics of refugee “return” are an entry point from which to re‐consider how scholarship and policy take into account “family” in contexts of forced migration.     

Channels of Entry and Preferred Destinations: The Circumvention of Denmark by Chinese Immigrants

As globalization spread during the 1990s, and especially since the turn of the millennium, European states have increasingly claimed their right to assert their sovereignty by regulating migration at the level of the individual (OECD, 2001: 76–81). Political parties have succeeded in gaining support on policy statements pertaining exclusively to migration. For example, recent legislation in Denmark restricts the categories of persons eligible as refugees to “Convention refugees” satisfying only the narrowest international criteria set out in the UN Refugee Convention. The civil rights of asylum seekers are restricted by prohibiting marriage while their applications are under review. To limit family reunification among immigrants, the present Danish Government has even prohibited immigrants with permanent residence status and Danish citizens from bringing non‐Danish spouses under age 24 into the country. These attempts at border enforcement and immigration control have been described by some critics as the endeavours of European Union (EU) members to build a “Fortress Europe” against immigrants from developing countries. Policy decisions and the implementation of various measures from finger printing to radar surveillance to control immigrants have corroborated such perceptions, but this paper will show that gaining entry to a highly controlled country such as Denmark from a poorer country such as the People's Republic of China (PRC) is fairly straightforward. Politicians may wish to convey the impression of being in control of international mobility by launching diverse anti‐immigration acts, but since the immigration embargo of the early 1970s all EU countries have received millions of immigrants, and increasingly permit or accept immigrants of various kinds to reside and work within their borders (Boeri et al., 2002). Immigration from developing countries is not evenly distributed throughout the EU, but rather targets specific destinations. This article will attempt to explain the direction of Chinese immigration flows to Europe in response to labour‐market demand, rather than as a consequence of “loopholes” in a country's legal or welfare provisions. By analysing historical and demographic data on the PRC Chinese in Denmark, I attempt to demonstrate that, despite being a European country with one of the lowest asylum rejection rates for PRC Chinese, the scope of Chinese asylum seekers and regular and irregular migrants arriving by way of family reunification remained limited in the 1990s compared to southern, central, and eastern European countries. My analysis of Danish data in relation to Chinese migration suggest that destinations related to the globalization of Chinese migration is more determined by labour and capital markets than the presumed attraction of social welfare benefits provided by a European welfare state such as Denmark.