Description
Berghahn Books Rights in Exile Janus-Faced Humanitarianism 2005 Edition by Guglielmo Verdirame, Barbara Harrell-Bond
Of the estimated 12 million refugees in the world, more than 7 million have been confined to camps, effectively "warehoused," in some cases, for 10 years or more. Holding refugees in camps was anathema to the founders of the refugee protection regime. Today, with most refugees encamped in the less developed parts of the world, the humanitarian apparatus has been transformed into a custodial regime for innocent people. Based on rich ethnographic data, Rights in Exile exposes the gap between human rights norms and the mandates of international organisations, on the one hand, and the reality on the ground, on the other. It will be of wide interest to social scientists, and to human rights and international law scholars. Policy makers, donor governments and humanitarian organizations, especially those adopting a "rights-based" approach, will also find it an invaluable resource. But it is the refugees themselves who could benefit the most if these actors absorb its lessons and apply them. Table of contents :- ForewordJustice Albie SachsPrefaceAcknowledgementsList of AbbreviationsIntroductionThe settingMain movements of refugees into Kenya and UgandaAims and objectives of the researchAssumptions underlying the researchResearch methodsMain findingsA research and advocacy agenda for the futureChapter 1. Refugee Law and Policy in Kenya and UgandaIntroductionThe Legal Framework in KenyaThe Legal Framework in UgandaRefugee policy in KenyaRefugee policy in UgandaRefugee law-making in fits and startsConclusionChapter 2. Getting InIntroductionThe influence of donor countriesThe OAU Convention and group recognitionAdmission: standards and proceduresLegal hurdles to admissionOrdeals of arrivalNew arrivals and local peopleConclusionChapter 3. Status-Determination Procedures: '... and when you go to UNHCR, pray'IntroductionProcedural standards in status determinationWho is in charge?The role of NGOsConfidentialityInterpretersAdvocacyStandards of evidenceDecisionsExclusionCessationConclusionChapter 4. Civil and Political RightsIntroductionNon-discriminationRight to LifeFreedom from torture and from cruel, inhuman, or degrading treatment or punishmentFreedom from slavery and forced labourLiberty and security of the personFreedom of movementAccess to courts and right to fair trialPrivacy and family lifeFreedom of expression, thought, conscience and religion, and freedom of assembly and associationConclusionChapter 5. Economic, Social, and Cultural RightsIntroductionEmploymentAn adequate standard of livingThe highest attainable standard of physical and mental healthEducationCultural rightsConclusionChapter 6. Refugee Protection: What Is Going Wrong? IntroductionHost countriesDonor countriesResettlementUNHCRNGOsConclusionConclusionsBibliographyIndex