‘Fat cat’ lawyers and ‘illegal’ migrants: the impact of intersecting hostilities and toxic narratives on access to justice

ABSTRACT

This article examines how three spheres of hostility intersect to prevent effective access to justice for those living with insecure immigration status. The neoliberal governance model, the barren justice landscape and the hostile environment are supported by the cynical construction of the ‘fat cat’ lawyer and the toxic ‘folk devil’ narrative of the ‘bogus’ asylum seeker. To the extent that the judiciary have frustrated the more obvious, ideologically driven, attempts to restrict access to justice for migrants, the austerity predicated measures pursuant to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) have completely altered the legal landscape. The analysis is informed by the findings of the ‘Legal advice and support for persons with insecure status’ project (hereafter LAPIS) in Nottingham which explores the challenges faced by service providers and the lived experiences of those with insecurity of status. It is clear that access to justice is a passport to the realisation of other rights, yet participants struggled to access a remedy because legal advice is too often out of reach.     

Lost in space? the role of place in the delivery of social welfare law advice over the telephone and face-to-face

ABSTRACT

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work.     

‘Without Education You Can Never Become President’: Teenage Pregnancy and Pseudo-empowerment in Post-Ebola Sierra Leone

ABSTRACT

This article analyses the emergence of ‘teenage pregnancy’ as a new policy focus in post-Ebola Sierra Leone and explores how Sierra Leoneans interpret the problem of ‘teenage pregnancy’. I argue that the new policy focus is not indicative of changing or new problems. Rather, ‘teenage pregnancy’ has created opportunities for donors and the Government of Sierra Leone to continue cooperation in gender politics. At the same time, Sierra Leoneans are clearly concerned about ‘teenage pregnancy’, and many agree with sensitization campaigns that responsibilize young women and girls while downplaying structural factors that render them vulnerable to arrangements involving transactional sex.     

俄罗斯对外援助体系研究

2005年以来,随着经济形势的好转和国际地位的提高,俄罗斯开始加大对外援助投入,并逐步建立起自己的对外援助体系。在对外援助政策方面,从学习借鉴西方国家的经验,将对外援助看作履行国际义务、获取国家威望的手段,到主动探索建立符合本国实际的对外援助政策体系,强调对独联体地区国家援助、“软实力”和国家利益。在对外援助管理方面,总统在对外援助政策中居于中心位置,政府负责决策执行,议会负责相关立法工作,各联邦机构分别负责各自职责范围内的对外援助行动,并成立了跨部门协调机构统筹对外援助行动。在对外援助运作方面,俄罗斯将对外援助行动列入国家计划,主要通过多边和双边渠道对外提供援助。在对外援助的评估方面,俄罗斯提出了援助预算资金使用效果评估方法,定期发布对外援助数据和报告,正在逐步完善对外援助评估体系。近年来,俄罗斯对外援助体系出现较大调整,对外援助管理权有从财政部门向外交部门、从政府向总统转移的趋势。     

Ownership and conditionality in IMF-supported programs: Back to Per Jacobsson’s time

Using a historical case study this article provides an example of how heterogeneity of interests within a government may affect the interplay between country ownership of reforms and conditionality in IMF-supported programs. The case study also highlights how pro-reformers’ preferences may be conditional on reforms advancing their personal agendas. This suggests a new issue to be addressed by formal models of conditionality. Two main themes emerge from the analysis: (a) the importance of a clear hierarchy to unify heterogeneous interests among decision makers; and, (b) a flexible country-tailored approach to conditionality can contribute to domestic ownership of reforms.

Post-earthquake housing reconstruction in the Sikkim Himalaya: approaches,challenges, and lessons learnt

The Himalayan state of Sikkim, India was hit by an earthquake in 2011 that caused widespread devastation. This article reports on the housing reconstruction project in the state, focusing on three questions: what are the key planning decisions, what are the main implementation challenges, and what are the lessons learnt? The findings indicate that key planning decisions need to be taken on implementation mechanisms, financing strategies, beneficiary identification, housing design, and procurement. The main implementation challenges are enabling homeowner involvement, slow progress, timely procurement, and stalled house construction. The article also identifies useful lessons for other agencies involved in reconstruction.     

Donor requests for economic analysis of humanitarian field programmes

Humanitarian organisations respond to increasing donor requests to assess economic aspects of their programmes, including cost-effectiveness. This article presents results from a survey of humanitarian agency staff and donor agencies, investigating such requests. Findings indicate a need for clear guidelines and capacity building in these economic assessments, expressed by both humanitarian staff and donor agencies themselves. While improving efficiency is important to ensure effective humanitarian response, caution is warranted in adopting overly burdensome and complex assessments of efficiency which are poorly understood by staff requesting and responding to them, the outcomes of which may lead to reductive and decontextualised decision-making.     

Risk,politics, and development: Lessons from the UK's democracy aid

Political risks are inescapable in development. Donors keep them in check with a range of tools, but existing options provide little guidance about how political forms of risk can—or should—shape programme design. This paper presents a novel framework that offers practical guidance on how to think about and manage some of these risks. This is based on a review of programmes delivered by the Westminster Foundation for Democracy, which provides a specific type of aid: democracy assistance. Political forms of risk have a strong influence on that aid, so it provides a valuable example. Our framework centres on two trade‐offs inherent in the provision of aid for democracy support. The first relates to the type of approach employed in a programme; should it focus on a thematic issue or a specific event, or should it focus primarily on an institution and its processes? The second concerns the scope of a programme in terms of who it includes. Understanding the costs and benefits of these trade‐offs will help development practitioners to make decisions about political risks in a more rigorous and transparent way and, potentially, to shift from a culture of risk aversion, to one of informed risk‐taking.     

New directions for public service reform in developing countries

This paper argues that recent developments in practice and theory provide a more promising basis for public service reform in developing countries than we have had since at least the turn of the century. There have been significant instances of large‐scale reform success, such as Nepal's Public Service Commission and Malaysia's delivery unit, Pemandu, and also “pockets of effectiveness” in individual agencies in many countries. They contribute to a more fruitful and diverse repertoire of reform approaches than generally realized. Policymakers can draw on all those instances and types of reform, together with relevant rich country experiences, as they improvise and tailor responses to their always unique reform problems. Proceeding in this way helps reformers to expand the “reform space” available within the political economy. Donors can help reformers if they facilitate reform in the spirit of the Busan Partnership rather than impose their preferred models. In short, the new direction which this paper identifies can be stated as creative problem solving by local actors facilitated by sympathetic donors, building on examples of reform success and drawing on a repertoire of poor and rich country reform approaches.     

UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.