Human trafficking: the case of Burmese refugees in Thailand

With an estimated 30 protracted refugee situations around the globe, the number of refugees finding themselves in prolonged displacement is alarming. While demarcated refugee camps are a visible component of this phenomenon, the link between protracted displacement and increased risks of human trafficking is much less evident. Within refugee camps, the lack of law and order or police protection along with the presence of large numbers of helpless people create a pool of readily available supply for those who want to exploit them. This account will discuss the conditions of displacement that contribute to human trafficking risks, particularly as they relate to the protracted refugee situation of Burmese in Thailand. The case study will be followed by a number of policy and practice recommendations for the reduction of these risks.     

International Law and Administrative Insulation: A Comparison of Refugee Status Determination Regimes in the United States,Canada, and Australia

International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many institutional, cultural, geographical, and political similarities. This article compares the refugee status determination regimes of three popular asylum seeker destinations—the United States, Canada, and Australia. Despite these nations' similar border control policies, asylum seekers crossing their borders access three very different systems. These differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision‐making agency enjoys from political interference and judicial review. Bureaucratic justice is conceptualized and organized differently in different states, and so states vary in how they draw the line between refugee and nonrefugee.     

Crimes of the State: The Persecution and Protection of Refugees

When refugees arrive at the borders and on the shores of the Global North they are increasingly criminalised and subject to a range of law and order type rhetoric and practices. This paper outlines an alternative criminological engagement with the condition of refugeehood that shifts the focus from the refugee to the practices of the state. First, it splices definitions of state crime with the highly legalistic refugee definition to offer alternative conceptualisations of persecution in the determination of who is accorded the legal status of refugee. Second, it applies state crime frameworks to the increasingly restrictive and punitive refugee policies of countries in the Global North. It concludes by locating theorisations of state crime within the broader project of reconceptualising notions of sovereignty.Sharon Pickering BA(Melb), MA(Soton), PhD(Melb) lectures in Criminal Justice and Criminology at Monash University Australia. She has worked with refugees and written on forced migration issues for the past five years including her recent book Refugees and State Crime (2005 Institute of Criminology Monograph Series/Federation Press).     

Refugee resettlement program and Cuban/Haitian entrant program: cash and medical assistance policies. Social Security Administration. Interim final rule

This interim final regulation amends the refugee resettlement program regulations (45 CFR Part 400) and establishes new policies on cash and medical assistance available to refugees and Cuban and Haitian entrants who are ineligible for Aid to Families with Dependent Children (AFDC), Supplemental Security Income (SSI), adult assistance (OAA, AB, APTD, and AABD) in the Territories and medicaid. The Refugee Resettlement Program (RRP) provides Federal reimbursement to States for 100 percent of the costs of cash and medical assistance provided, during the first 36 months after entry into the United States, to such refugees in accordance with applicable program rules and requirements and the administrative costs of providing such assistance. Cash assistance provided to such refugees under the RRP is termed "refugee cash assistance" (RCA); and medical assistance provided to such refugees under the RRP is termed "refugee medical assistance" (RMA). This regulation permits 100 percent Federal reimbursement for RCA and RMA for an eligible refugee for the first 18 months that a refugee is in the United States. For a refugee who has been in the U.S. more than 18 months but less than 36 months, the regulation permits a State, at its option, to seek RRP reimbursement for the cost of General Assistance (GA) provided to such a refugee.     

论朝鲜“脱北者”的国际法地位及我国的对策

近年来,朝鲜"脱北者"问题逐渐成为地区乃至国际热点问题,中国在该问题上以遣返为主的政策也日益面临来自其他国家的压力。从1951年《关于难民地位的公约》的规定和相关国际实践来看,"脱北者"是否具有难民地位不能一概而论,而是要具体问题具体分析;我国的现有政策总体上无可非议,同时可以考虑按照国际条约,给予那些确因政治原因出逃的"脱北者"们国际法上的难民地位。此外,我国还有必要建立健全处理难民及相关问题的机制。     

Games guards play: a self-report study of institutional deviance within the Texas Department of Criminal Justice

While most correctional officers adhere to the highest level of professionalism, some engage in institutional deviance during the course of their eight-hour shifts. In the present study, we administered 501 self-report questionnaires to correctional officers within the Texas Department of Criminal Justice. Respondents who reported that their supervisors were not supportive tended to admit to higher levels of institutional deviance than their peers, though peer support did not contribute to correctional officer deviance. Additionally, respondents who perceived their jobs to be less dangerous than other officers were more likely to have attitudes that were conducive to institutional deviance. Moreover, a perception of deviance among others also helped ‘normalize’ these acts in the prison setting and contributed to more favorable attitudes toward institutional deviance by correctional officers. Theory X and Theory Y is used to explain the lack of supervisory support that leads to institutional deviance among correctional officers. These findings have important policy implications toward reducing deviance among correctional officers, thereby making prison facilities safer and more secure.     

The Use and Misuse of 'National Security' Rationale in Crafting U.S. Refugee and Immigration Policies

Since the terrorist attacks of 11 September 2001, U.S. immigrationand refugee policy has developed based on narrow and evolvingtheories of ‘national security’. Immigration reformlegislation, federal regulations, and administrative policychanges have been justified in terms of the nation's safety.On 1 March 2003, the U.S. Immigration and Naturalization Service(INS) was folded into the massive new U.S. Department of HomelandSecurity (DHS), formally making immigration a homeland defenseconcern. Counterterror and immigration experts increasingly agree onwhat constitute effective and appropriate immigration policyreforms in light of the terrorist threat. Unfortunately, manyof the post-September 11 policy changes do little to advancepublic safety and violate the rights of refugees and asylumseekers. These include reductions in refugee admissions, thecriminal prosecution of asylum seekers, the blanket detentionof Haitians, and a safe third-country asylum agreement betweenthe United States and Canada. Other measures offend basic rightsand may undermine counterterror efforts. These include ‘preventive’arrests, closed deportation proceedings, and ‘call-in’registration programs. This article reviews post-September 11 U.S. policy developmentsbased on their impact on migrant rights and their efficacy ascounterterror measures. It argues for a more nuanced and rigoroussense of ‘national security’ in crafting refugeeand immigration policy.     

The role of group interest,identity, and stigma in determining mental health policy preferences

Public attitudes toward mental health present an interesting puzzle. While mental health is one aspect of general health and well-being, it receives less support for government spending increases than does health care. One explanation lies with the stigma that is attached to mental illness. This stigma produces more negative attitudes on policy issues related to persons with mental illness such as government spending for mental health. However, group identification, as defined by personal experience or a family member who has experienced a mental illness, may have a strong effect on these attitudes. Using data from the 1996 General Social Survey's module on mental health. I examine this and other hypotheses and find evidence that group identification increases the likelihood of increased support for government spending for mental health. These robust findings exist even in quantitative models, which include politically relevant variables and measure identification with mental illness in two different ways. These findings suggest that mental health is policy for the few because those most supportive of government spending increases are persons who share the common identity of experiencing mental illness.     

Dealing with non-Palestinian Refugees in the Middle East: Policies and Practices in an Uncertain Environment

Despite the relevance of the issue in Middle Eastern politics,the study of non-Palestinian refugees and their treatment inthe region is a subject that has received little attention inthe academic community. This paper attempts to fill this gapby examining the evolution of refugee policies in the MiddleEast between two of the major events that have characterizedthe region in the last decade, the 1990-1991 and 2002-2003 ‘GulfCrises’, and by critically analysing the factors thathave influenced these developments. In mapping the legal andadministrative provisions that Middle Eastern governments havedevised to address the issue, I observe that no substantialbreakthrough in formal policies has occurred. Overall, refugeepolicies in the region remain far from the standards of theinternational refugee regime. In turning to the ‘politics’of refugee policy in the region, however, I show that this areahas been more dynamic than the sole focus on formal aspectswould indicate. This is apparent if we look at the issue ofrefugees in the Middle East from the perspective of the relationsbetween local authorities and UNHCR, the main players involvedin this policy area. Despite the difficult environmental conditions,negotiations have been ongoing throughout the 1990s, and theyhave led to some limited improvement in the treatment of refugees.Yet, with the deterioration of the regional and internationalpolitical context, such promising developments have recentlycome to a standstill and this fact is reflected in the generalworsening of the condition of refugees in the area.     

Acculturation, partner violence, and psychological distress in refugee women from Somalia

This study examined the relations among acculturation, domestic violence, and mental health in 62 married refugee women from Somalia. Refugees from Somalia constituted the largest group of refugees entering the United States in 2005, and little is known about the presence of domestic violence in this group. The results showed that women who reported greater ability to speak English also reported more experiences of partner psychological abuse and physical aggression. Experiences of more psychological abuse and physical aggressions also predicted more psychological distress. Implications for future research and psychological services are addressed.     

Notice of availability of funding for alternative projects, known as Wilson/Fish Projects, to implement alternative means of providing interim financial assistance, medical assistance, social services, and case management to refugees and Cuban and Haitian entrants. Office of Refugee Resettlement (ORR), ACF, DHHS

The Office of Refugee Resettlement (ORR) announces that competing applications will be accepted from public and private non-profit organizations under a standing announcement for Wilson/Fish projects which propose alternative approaches to serving refugees. The purpose of an alternative project is to provide integrated services and cash assistance to refugees in order to increase refugees' prospects for early employment and self-sufficiency, reduce their level of welfare dependence, enhance acculturation, and promote coordination among voluntary resettlement agencies and service providers. Projects will be accepted under either of two categories: (1) Projects to establish or maintain a refugee program in a State where the State is not participating in the refugee program or is dropping out of the refugee program or a portion of the program; and (2) projects to provide an alternative to the existing system of assistance and services to refugees. Funding is available to these projects under the "Wilson/Fish" authority.     

The Legal Status of Afghan Refugees in Pakistan, a Story of Eight Agreements and Two Suppressed Premises

Over 25 per cent of present day refugees enjoy asylum in Pakistan,most of them having been there for more than a quarter of acentury. Pakistan is not, however, a party to either the 1951Convention relating to the Status of Refugees or the 1967 Protocolrelating to the Status of Refugees. The legal status of theAfghan refugees it hosts is therefore not a foregone conclusion,even though they were considered to be refugees on a prima faciebasis during the first two decades of their exile in Pakistan.This article identifies the legal status of the Afghan refugeeson the basis of a series of agreements Pakistan concluded withUNHCR and also occasionally with Afghanistan. By virtue of thelast of the series of agreements, Afghan refugees can returnto Afghanistan under a UNHCR-assisted voluntary repatriationprogramme until December 2009. In view of the fact that allAfghans have been granted leave to stay in Pakistan until thesame date, many are expected to stay in Pakistan rather thanreturn with the assistance of UNHCR. Unlike the preceding agreements,the last one does not address the fate of those who will stillbe in Pakistan upon completion of the voluntary repatriationprogramme. It seems therefore imperative to identify the legalstatus and corresponding entitlements of the Afghan refugees.It is argued that the prima facie recognition of refugee statuscan be sustained on the basis of the agreements referred to.In addition it is argued that the current ‘profiling’exercise of UNHCR, even while presumably beneficial for themost vulnerable refugees, is irreconcilable with the statusand entitlements of the Afghan refugees, and the same holdstrue with respect to the usual practice of ‘screening’those refugees who have opted not to return under a voluntaryrepatriation programme. An alternative that would be reconcilableis a collective cessation of refugee status if and when thesituation in the country of origin so warrants, provided individualrefugees may contest this.     

A Multilevel Examination of the Relationship Between Racial Tension and Attitudes Toward the Police

Prior research has established the effect of race and ethnicity on citizens’ perceptions of the police. This paper serves to build on this body of literature by examining the effect of racial tension on attitudes toward the police. Specifically, we conduct multilevel analyses using survey data from Seattle, Washington to explore whether individual perceptions of racial tension and/or community-level racial tension are related to residents’ attitudes toward the police. The results show that attitudes toward the police were generally less favorable among respondents who perceived racial tension or mistrust in their communities. Additionally, community racial tension had significant contextual effects on residents’ perceived racial profiling by the police. This study has implications for future police policy: understanding how racial tension shapes perceptions of the police will assist in selecting and adapting crime control strategies.     

The effects of criminal victimization and judicial or police contacts on public attitudes toward local police

The effects both of victimization and of police or judicial contacts on attitudes toward the police are studied by means of survey data collected in British Columbia (Canada). Such attitudes toward the police are generally favorable across all subpopulations but tend to be lower than average among: people who have experienced a household criminal victimization during the preceding year, those who have experienced an adverse contact with the police, and especially among those who have experienced or observed what they perceive to be improper police field practices. Police perceptions of widespread hostility appear unwarranted, even in the case of traffic violators and of those who have been arrested or convicted. Such findings are compared with data from other parts of Canada, the United States, Australia, and New Zealand.     

Group-Based Dominance and Opposition to Equality Correspond to Different Psychological Motives

Social Dominance Orientation, one of the most popular individual differences measures in the study of generalized prejudice, can be understood as having two components: Opposition to Equality (OEQ) and support for Group-Based Dominance (GBD). We consider these components in terms of system justification theory and social identity theory. We find that each component best explains different kinds of political views, consistent with the theory that they arise from different motivations. OEQ reflects system justification motives. It better predicts attitudes towards redistributive social policy, political conservatism, and a lack of humanitarian compassion for the disadvantaged. GBD reflects social identity motives. It is more associated with hostility toward outgroups and concerns about intergroup competition. GBD and OEQ have different personality and demographic correlates, exhibit distinctive relations with explicit and implicit attitudinal preferences, and differentially predict a variety of policy attitudes. Use of GBD and OEQ as separate constructs enriches the understanding of prejudice, policy attitudes, and political ideology.     

More Norms,Less Justice: Refugees,the Republic,and everyone in between

The paper argues for conflating refugees and internally displaced persons (IDPs) as two sides of a work-in-progress postcolonial state. To be sure, aliens, refugees, IDPs, and stateless persons are separate legal entities. Nevertheless, this fragmented normative regime stands testimony to more laws and less justice. Many Asian states have no domestic refugee law. India, a common law system, takes a case by case approach as refugees are given “temporary shelter on humanitarian considerations”. Ironically, a work-in-progress postcolonial state sustains even de jure citizens as de facto stateless persons; the erstwhile Indo-Bangla enclaves for more than half a century were an apt example. Surely, the raison d’être of international law on refugees is to end human suffering, if needed, by transcending the absence of positive laws. A constitutional and political desire to minimise human suffering alone could cut the rigour of such positivist legal narratives. The Delhi High Court seemingly walked that path in Koul v Estate Officer noting “refugees and IDPs appear to be similarly situated”. Rising terrorism has made states increasingly believe in a security narrative all the same. A simultaneous emergence of a demographic anxiety particularly in India’s North-eastern states increasingly pits aliens and refugees against the domiciled indigenous and tribal people.     

Adapting to Changing Legal Frameworks: Mozambican Refugees in South Africa

This paper argues that legal frameworks to manage immigrationand refugee rights need to be understood from below, namely,how they are interpreted and used locally by the immigrantsaffected and by the host communities, in their specific historicalcontext. Using the case of Mozambican refugees in South Africa(1985–2006), the paper outlines why many of the policiestargeted at or affecting this group of immigrants have had counterproductiveeffects (from the perspective of policy makers) because of thedisjuncture between the goals and assumptions of the legal frameworkand the reality experienced and desired by the refugees. Thesituation of Mozambican refugees in South Africa over the pasttwenty years has been shaped by a radically changing legal context.These changes are charted and matched with how Mozambican refugees,especially those settled in the rural border areas, have adaptedto, made use of and subverted the various legal constraintsand opportunities provided by the South African state and itslocal representatives.     

Opinions about child corporal punishment and influencing factors

The use of corporal punishment has been linked to negative developmental outcomes for children. Despite this finding, Section 43 of the Canadian Criminal Code permits the use of corporal punishment by parents for children 2 to 12 years of age. Therefore, this study's first objective is to investigate opinions toward Section 43 and spanking more generally. The second objective is to investigate predictors of opinions toward Section 43 and spanking more generally. The sample consists of 818 nonparents (70.7% female, 29.0% male) who completed an online study. Results indicate that 38.6% were favorable toward upholding Section 43. However, this decreases to 25.8% when a condition is included, stating that parents would not be prosecuted for mild slaps or spankings. For attitudes toward spanking more generally, results reveal that 16.7% of the participants held favorable attitudes. Hierarchical regression analyses reveal that planning to use corporal punishment upon becoming a parent predicted having a more favorable attitude toward Section 43 as well as toward spanking more generally (after controlling for sociodemographics). In contrast, having experienced violence during one's childhood predicts having less favorable attitudes toward Section 43 and spanking more generally. Significant interactions are found between childhood experiences of corporal punishment and perceptions of parental warmth/support and impulsiveness during discipline in predicting attitudes toward spanking. Those who report experiencing more corporal punishment during childhood but also more parental warmth/support hold more favorable attitudes toward spanking and those who report experiencing more corporal punishment during childhood and also more parental impulsiveness hold less favorable attitudes toward spanking. Findings indicate that examining opinions toward Section 43 and spanking separately is important because these concepts are not synonymous. In addition, both more immediate factors and those related to one's developmental history play a role in predicting opinions toward Section 43 and spanking more generally.     

Citizens’ perceptions of the courts: The impact of race, gender, and recent experience

This study examined the influences of race, gender, and recent court experience on citizens’ perceptions of the courts in their communities. Using national survey data collected in 2000, this research assessed variation in perceptions of the courts along four dimensions: differential treatment, fair procedure and outcome, concern and respect, and overall evaluation. The results showed that racial minorities, including Blacks and Latinos, were more likely than Whites to have negative attitudes toward the courts. While race is generally a better predictor than gender, the interaction between gender and race is important in understanding citizen’s perceptions of the courts. Citizens who have recent personal contact with the courts tend to rate the courts less favorable than those who have no recent contact. Citizens’ opinions of the police and equal opportunity are also significantly related to their perceptions of the courts. Implications for policy and future research are discussed.     

Predictors of adult attitudes toward corporal punishment of children

This study identifies predictors of favorable attitudes toward spanking. Analyses were performed with survey data collected from a representative sample of 1,000 adults from Quebec, Canada. According to this survey, a majority of respondents endorsed spanking, despite their recognition of potential harm associated with corporal punishment (CP) of children. The prediction model of attitudes toward spanking included demographics, experiencing or witnessing various forms of family violence and abuse in childhood, and perceived frequency of physical injuries resulting from CP. Spanking was the most reported childhood experience (66.4%), and most violence and abuse predictors were significantly and positively correlated. Older respondents who were spanked in childhood and who believed that spanking never or seldom results in physical injuries were the most in favor of spanking. On the other hand, respondents who reported more severe physical violence or psychological abuse in childhood were less in favor of spanking. Findings are discussed in terms of prevention of CP and family coercion cycle.