Negotiations for Refugee Repatriation or Local Settlement: A Game-Theoretic Analysis

This paper uses a model developed by Brams and Doherty (1993) to examine negotiations among a country of origin, a country of asylum, and the United Nations High Commissioner for Refugees (UNHCR) in a refugee crisis. A unique feature of the paper is its treatment of the country of asylum as a separate player in the negotiations, which makes the choice to permit or deny settlement in the asylum country endogenous.
The model is applied to two groups of Rwandese refugees: Tutsis living in exile in Burundi for three decades and Hutus in Zaire during the 1990s. The contrasting circumstances surrounding these two refugee crises provide an opportunity to study asylum countries that were sympathetic and unsympathetic, and to model changing attitudes in the country of origin and the international community toward the refugees. For both crises, the predictions of the model are broadly consistent with the unfolding of the negotiation process and the opportunities that eventually became available to the refugees.     

Theoretical Perspectives on Post-Migration Adaptation and Psychological Well-Being among Refugees: Towards a Resource-Based Model

Research on the psychological well-being of refugees has focusedon deficiencies within individuals either in terms of psychiatricsymptoms or feelings of distress. To achieve a more holisticview of the life experiences of refugees, we need to look atthe limitations of our current theoretical models. This articlecritically examines some of the major theoretical approachesthat have guided research on the psychological well-being ofrefugees: the medical model, the psychosocial stress model andBerry's (1997) ‘acculturation framework’. It goeson to examine Hobfoll's (2001) Conservation of Resources stresstheory, a model which has important implications for refugeeresearch. Drawing upon the models reviewed, the last sectionoutlines a conceptual framework for adaptation among refugees.At the heart of it lies the concept of resources. However, resourcesmust be understood in terms of the individual's needs, personalgoals and the demands he or she encounters. Each of these conceptsmust be examined in the context of the pre-migration, flightand post-migration phases. The additional concept of constraintson the use of or access to resources is particularly relevantto the post-migration phase. Such a conceptual toolkit couldprove especially useful in going beyond quantitative data topresent the human stories of refugees. It could also sensitizeresearchers to the impact of host societies on the well-beingof refugees.     

Framing Asylum Discourse in Luxembourg

This article examines media and political asylum discourse inLuxembourg between 1993 and 2000. A frame analysis of mediaand political asylum discourses and a headline analysis of newscoverage of the refugee and asylum question were implementedto that effect. The results show that media and political actorsin Luxembourg used four frames to refer to the refugee and asylumquestion: administrative, genuineness, human dignity, and returnhome. Overall, the framing of asylum discourse in Luxembourgwas shown to reflect a restrictive undercurrent—relatingto the prevention of the asylum systems of member states ofthe European Union—identified in European asylum discourse.The article concludes by noting that the framing of media andpolitical asylum discourse in Luxembourg was affected by national,international and supranational concerns relating to the regulationof asylum.     

Deterrence and Protection in the EU’s Migration Policy

EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU’s balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU’s southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.     

Protection and Dignity in Johannesburg: Shortcomings of South Africa's Urban Refugee Policy

Since the end of apartheid, South African cities have becomedestinations for refugees and asylum seekers from across Africa.In line with its constitutional commitments to human rightsand dignity, South Africa has enacted a refugee policy intendedto maximize freedom and protection by promoting refugees' temporaryintegration into local communities. In doing so, the law guaranteesfreedom of movement, access to many social services, and rightsto compete in labour and housing markets. This article arguesthat because refugees and asylum seekers are effectively unableto convert these legal entitlements into effective protection,South Africa has failed to meet its domestic and internationalobligations. This argument draws particular attention to institutionalfailures in determining refugee status and issuing recognizableidentity documents; denial of essential social services; andabuse at the hands of law enforcement agents. It concludes bysuggesting a positive obligation for the state to counter thefull range of obstacles that prevent asylum seekers and refugeesfrom securing effective protection.     

Realistic yet humanitarian? The comprehensive plan of action and refugee policy in Southeast Asia

The 1989 Comprehensive Plan of Action (CPA) has recently beendescribed as a successful example of how to manage large protractedrefugee flows. However, this article revisits the circumstancessurrounding the CPA used to resolve the prolonged Indo-Chineserefugee crisis to highlight that part of its development waslinked to the fact that Southeast Asian states refused to engagewith proposed solutions, which did not include repatriationfor the majority of the Indo-Chinese asylum seekers who weredeemed to be ‘non-genuine’¹ (UNGA, 1989a) refugees.This resulted in the CPA often forcibly repatriating ‘non-genuine’refugees, particularly near the end of its program. This articlereviews the CPA in order to assess whether its practices andresults should be repeated. Received for publication September 18, 2006. Accepted for publication October 10, 2007.     

Agents of Change or Passive Victims: The Impact of Welfare States (the Case of the Netherlands) on Refugees

This paper explores the impact of a regulated society such asthe Netherlands on the lives of refugees in general and on thoseof Iranian women refugees in particular. Two periods are distinguishedin regard to Dutch asylum policies: the 1980s and post-1990.For the 1980s when refugee reception was less restricted, Iuse empirical material collected between 1995 and 2000. Thewomen I interviewed during this period were leftist activistsinvolved in the Iranian revolution of 1979 and had to leaveIran because of their political backgrounds. The material usedfor the post-1990 or more restricted period, is mainly fromsecondary sources, supplemented by occasional, informal visitsto asylum seeker centres. The paper argues that a strict refugeepolicy—especially the policy that was put in place duringthe 1990s—has a direct effect on the affected refugeesby making them dependents of the state. These restricted policiesreinforce the image of refugees as problems in society and havean effect, albeit less direct, on the lives of the refugeeswho arrived prior to the 1990s and who are now Dutch citizens.     

Refugees in Russia: the Law on Refugees and its Implementation

Since the adoption of a new Russian Law on Refugees in 1997,the number of recognized refugees has dropped drastically. TheLaw has a definition of the term ‘refugee’ almostidentical to that of the 1951 Convention. But many provisionsof the Law are contradictory to Russia's international obligations.After a short look at the background to the issue, the Law onRefugees is examined. Then the implementation of the Law iscompared with the situation before its entry into force. Thedifficult life conditions of refugees and asylum seekers areconsidered to be partly a result of the legal provisions andtheir realization. The factors that contribute to the presentsituation are discussed. While certain provisions of the existingLaw need to be amended, it has to be implemented in order toprovide international protection to asylum seekers.     

The EU-Turkey Deal One Year On: A Delicate Balancing Act

Now in its sixth year, the war in Syria has triggered the largest humanitarian and refugee crisis of our time. For most refugees and migrants, Turkey is the main transit country to reach Europe, where Syrian refugees hope for a better future. However, this journey has been hampered as several European countries closed their borders following the arrival of an unprecedented number of migrants and asylum seekers in 2015. In response, a deal was struck with Turkey to stem the migrant flow to Europe in exchange for some concessions. By outsourcing the management of migration flows to Turkey, the EU is failing to take its fair share of responsibility for refugee protection. Furthermore, as a result of the political situation in Turkey and the unmet promises under the deal, relations between Turkey and the EU have touched their lowest point since the start of accession negotiations in 2005. While survival of the deal is of critical importance as the EU needs Turkey’s assistance in curbing migration flows and Turkey is keen on revitalising its accession negotiations, the deal has exposed serious flaws that need to be addressed and must not be replicated with other countries.     

Asylum applications in the European Union: patterns and trends and the effects of policy measures

"Statistics on asylum applications have been used in a highly selective way in the debates on refugees and asylum policies in Western Europe, to justify restrictive measures. This paper provides a more systematic analysis of these statistics. It focuses on the pattern of origins and destinations for asylum seekers in the European Union in the period 1985-1994.... When the patterns of origin and destinations are compared for separate years, it becomes clear that the destinations of asylum movements have been constantly changing. Though some of the more remarkable shifts were clearly related to policy measures in the relevant countries, many measures produced only limited effects or failed to have any effect at all."     

Mainstreaming gender in refugee protection

The issues of gender-related persecution and violence against women have been put onto the international agenda, largely thanks to lobbying by feminist NGOs and transnational networks. There is a question, however, of how successfully this agenda-setting has translated into effective policy-making and policies that will increase the protection of women who are victims of gender-related persecution. One of the problems with policies to support women refugees and asylum seekers lies in a failure of transmission of the goals of gender sensitivity through all the various bureaux and representatives of a large bureaucratic organization such as the United Nations High Commissioner for Refugees (UNHCR). For nearly twenty years, since the early 1990s, the UNHCR has identified ‘refugee women’ as a policy priority, and yet, despite this prioritization of concerns about women refugees and gender issues in the asylum and refugee process, it could be argued that little progress has been made in implementation of policies on refugee women. This article will examine the way in which the concept of gender has been adopted within the UNHCR and the processes that have been put in place to mainstream gender within refugee protection activities. How far has mainstreaming managed to move policies to protect women beyond a mere focus on ‘vulnerable’ groups, and to integrate a gendered understanding of the global processes that produce refugees, and of the protection needs of these refugees?     

More Labels, Fewer Refugees: Remaking the Refugee Label in an Era of Globalization

This paper revisits the concept of refugee labelling I elaboratednearly two decades ago. In radically different conditions, thecontemporary relevance and utility of the concept are re-examinedand re-established. Formulated at a time of regionally contained,mass refugee migration in the south during the late 1970s andearly 1980s, the paper argues that the concept still offersvital insights into the impacts of institutional and bureaucraticpower on the lives of refugees in a globalized era of transnationalsocial transformations, mixed migration flows, and the continuingpresence of large scale refugee migration. The core of the paperargues that the ‘convenient images’ of refugees,labelled within a co-opting humanitarian discourse in the past,have been displaced by a fractioning of the label which is drivenby the need to manage globalized processes and patterns of migrationand forced migration in particular. The paper re-evaluates theconcept using the three original axioms—forming, transformingand politicizing the label ‘refugee’. The core argumentis that in the contemporary era: a) the formation of the refugeelabel reflects causes and patterns of forced migration whichare much more complex than in the past, contrasting with anessentially homogeneous connotation in the past; b) respondingto this complexity, the refugee label is transformed by an institutional‘fractioning’ in order to manage the new migration;c) governments, rather than NGOs as in the past, are the pre-eminentagency in the contemporary processes of transforming the refugeelabel, a process driven by northern interests; d) the refugeelabel has become politicized by the reproduction of institutionalfractioning and by embedding the wider political discourse ofresistance to migrants and refugees.     

Refugee Law and Protection in Brazil: a Model in South America?

Brazil has been committed to International Refugee Law sincethe 1950s. For much of this period, however, the country wasunder a dictatorship which made the implementation of refugeeprotection precarious, although refugees and asylum seekerscould count on the assistance of UNHCR and its implementingpartners—NGOs connected to the Catholic Church which remainpartners of UNHCR till today. Following re-democratization,Brazil has not only passed a specific law on refugees, but hasevolved to become a resettlement country. These changes haveled Brazil to be regarded as a model in refugee protection inSouth America. This paper aims to assess whether or not Brazilis fulfilling the said role by describing the evolution of refugeelaw and protection in the country.     

Afghan refugees in Indo-Afghan relations

When Afghans started fleeing abroad in the aftermath of the Saur Revolution of April 1978, Pakistan and Iran were the main countries of destination, but some Afghans also fled to India. This article offers new insights into one under-studied aspect of Indo-Afghan relations: population movements. What place have Afghan refugees occupied in Indo-Afghan relations (both formal and informal) from the Saur Revolution to the present? This article examines the specific situation of Afghan refugees in India, the general context of Indo-Afghan relations and India's ad hoc policy towards Afghan refugees, which all help explain the place occupied by Afghan refugees in Indo-Afghan relations.     

'Spying for Hitler' and 'Working for Bin Laden': Comparative Australian Discourses on Refugees

This paper argues that the complexity of recent debates about‘illegal’ refugee arrivals in Australia, held sincethe prominent MV Tampa incident of August 2001, might be betterunderstood by placing them in a comparative historical context.Towards this end, an investigation of previous debates on thesubject of Jewish refugees in Australia prior to the SecondWorld War is suggested. Such an exploration reveals a seeminglyidiosyncratic ‘Australian’ slant towards refugeesthat demonstrates a subtle process of marginalization and exclusionbased on notions of ‘good’ and ‘bad’refugees. Such an approach further demonstrates the contradictoryattitudes of immigrant societies towards refugees notwithstandingthe cultural pluralism supposedly inherent in their outlooks.     

Linkages Methodology: No Man is an Island

The paper argues that given the diversity of the field of forcedmigration, research requires a multi-disciplinary approach andan awareness of the multiplicity of interacting factors whichcome into play. It examines two key texts published 20 yearsapart which exemplify the linkages approach. Imposing Aid (1986)studied the developing situation in Sudan as refugees arrivedfrom Uganda in the early 1980s, and showed the unproductivenature of interactions between officials and refugees. Landscapeof Hope and Despair (2005) examined the situation of Palestiniansin refugee camps, where the refugees’ own agency comesup against the structural constraints of camp administrationand the political actions of local and international power holders.     

Afghan Refugees in Pakistan: Not All Refugees, Not Always in Pakistan, Not Necessarily Afghan?

In 2001, there were estimated to be two million Afghan refugeesin Pakistan. In the past six years, however, over 3.5 millionrefugees have returned, and recent census data show that nearly2.5 million still remain in Pakistan. Three straightforwardexplanations for this monumental discrepancy have been posited:Afghans’ high birthrates, their history of cross-bordermigration, and increasing levels of urbanization in Pakistan.Yet the fact that none of these processes comes as a surpriseto researchers familiar with the history of Afghan refugeesbegs a still deeper question: how and why were these processesso utterly overlooked in 2001? The answer, it is argued, isa fundamental confusion not only in how we count refugees butin how we conceptualize them. The dichotomous distinction betweenrefugees and non-refugees, while possessing a certain legalclarity, does a poor job of describing the reality of individualswhose movements are influenced by numerous social, political,and economic factors.     

Refugees, Institutional Invisibility, and Self-Help Strategies: Evaluating Kurdish Experience in Rome

The article investigates the way in which asylum reception hasbeen organized in Italy in response to Kurdish refugees. Theanalysis suggests that Italy, as compared to northern Europeancountries, has failed to develop a public system of reception,which has been counterbalanced by the parallel development ofa private one. The abandonment of the vast majority of asylumseekers to their own survival strategies should read as an institutionalfailure to develop adequate reception policies and serious protectionplans. The ‘Kurdish crisis’ has exposed the importanceof state intervention in providing reception, which could nolonger be left to local NGOs, self-help strategies and migrants'networks. In particular, the article looks at the way in whichItaly, during the 1990s, has organized refugee reception; the(non) reception system in the municipality of Rome; and finallysome private survival strategies that Kurdish asylum seekershave resorted to once no public help was made available to them.     

Predictors of the Authorities' Decision to Grant Asylum in Denmark

With the aim of identifying predictors for being granted a residencepermit, adult members of 149 refugee families from the MiddleEast answered a structured interview shortly after arrival onsocial and demographic background and family exposure to organizedviolence. At follow-up, 90 families (60.4 per cent) had beengranted a residence permit. This was positively associated withIraqi nationality, with the duration of the father's educationand the family's religion being another than Islam, and negativelywith being a single mother family. No association was foundwith exposure to war, having lived in a refugee camp or to humanrights violations. Without transparency of the asylum grantingdecision process the conclusion is that this seems to favourthe selection of socially and culturally well situated refugees,while human rights violations seem to play a diminishing role.In order to develop its quality, continuous and transparentmonitoring of the asylum granting decision process appears relevant.     

Refugee movements in the post-Cold War era

"This article briefly describes the scope and dimensions of contemporary refugee movements by analyzing some of the forces which shape these flows. Democratization, problems of nationality and minority rights, and structural, political, economic, environmental and social changes in the post-Cold War world (especially in large parts of the developing world and in Eastern Europe and the former Soviet Union), are likely to result in growing numbers of refugees and internally displaced persons in the years ahead. Refugees and asylum seekers are increasingly regarded not only as a major humanitarian challenge but as a political problem and a threat to the national security of Western states. Refugee policy involves much more than defining or adjudicating claims for asylum, safe haven and refugee status for those who seek to enter or stay in the West. It is now apparent that an effective response to these issues will have to involve major Western foreign policy and international actions." (SUMMARY IN ENG)