A look at the development of the U.K. asylum policy from its inception in 1970's to the most recent amendments in 2002, highlighting the most significant impacts on asylum seekers today.
Abstract This paper attempts to identify the shortfalls of the 2002 Act and its inability to revolutionise the asylum system in the U.K. In particular, it focuses on the adverse impact it will have on current and future asylum seekers in respect of their entitlements to welfare support and benefits. It provides a full background of the development of U.K asylum law in order to identify the route it has taken to reach its current position and investigates the reasons why the government is demonstrating a more restrictive approach to asylum policy. It then concentrates on the failings of the previous asylum policies discussed and examines why there was a significant need for reform. It critically analyses the government's proposals for reform, identified in the White Paper "Fairer, Faster, Firmer" in 1999 and also introduces a summary of the changes implemented by the subsequent Immigration and Asylum Act 1999. The next part identies the failings of the 1999 Act, in particular highlighting the controversial issues surrounding refugees entitlements to receive support and thenl introduces the proposed changes to the 1999 asylum system and present the revolutionary reforms for 2002, allowing particular consideration to the changes to the support system and the controversial issues surrounding the accommodation centre proposals.
Outline
The Background and Development of U.K .Asylum Policy
The Reform of U.K. Asylum Policy
The Failings of the 1999 Asylum System
The Nationality, Immigration and Asylum Act 2002
Poverty in the Asylum Support System
Accommodation Centres
Conclusion
From the Paper "The legislation was constructed purely from a political perspective, which provided only for interim measures such as initial arrival and detention of the asylum seeker, the appeals process, and procedures which were to follow once the asylum application had failed. Both the 1993 and 1996 Asylum Acts failed to take into account any welfare entitlements which should be made accessible to the asylum seeker, and failed to take into consideration the likelihood that the asylum seeker would be likely to remain in the UK for several months whilst his application was processed and would therefore require a significant level of social assistance. In effect the UK asylum policy did little to help the asylum seekers in need of support and protection and has endured extreme criticism. The law of asylum should function so as to ensure the fair, efficient, and effective assessment of asylum claims, instead of following a purely exclusionary regulatory strategy based on a deterrence and punishment model of asylum policy."
A discussion of the similarities between asylum and extradition and how they interrelate, with a comparison of the Asylum Case,"Columbia v. Peru" (1950), with the case of "United States of America v. Cotroni"; "United States v. El Zein" (1989).
Abstract This research paper studies the evolution of two supreme rights of international law; the right of political asylum and the right of extradition. The writer seeks to explain the relationship between the two rights, and how and why the two practices often interrelate. A comparison is made of the two rights, detailing their similarities as well as their differences. In order to compare the practice of asylum and the practice of extradition, the writer examines the Asylum Case between Colombia and Peru ("Columbia v. Peru") (1950), and the "United States of America vs. Cotroni"; "United States of America vs. El Zein" (1989) case.
From the Paper "Extradition is the formal surrender of a person by one state to the authorities of another for the purpose of criminal prosecution. It is a form of legal assistance between states, granted on the basis of a bilateral or multilateral treaty, or by ad hoc agreement. Asylum means offering sanctuary to those at risk and in danger, in compliance with States' obligations under international refugee law, human rights law and customary international law. It is important to stress that extradition and asylum are not mutually exclusive. The institution of asylum was never intended to shield fugitives from legitimate criminal prosecution. The two rights may not be mutually exclusive, but they do often come into relation."
Abstract This paper explains that the European Union's common asylum policy has developed over time and has been influenced by a number of political and economic factors. The author points out that the
EU's position has evolved in response to asylum issues and other emerging concerns such as arms control and human rights violations. The paper relates that thirteen years ago, common European agreement was reached through the Maastricht Treaty, which designated asylum policy as a matter of shared interest to European Union members.
From the Paper "The European Union's common asylum policy has developed over time and has been influenced by a number of political and economic factors. As this development has unfolded, Luxembourg's own position has evolved in response to asylum issues and other emerging concerns such as arms control and human rights violations. Essentially, "as political and economic co-operation has developed between the member states of the EU, the necessity of a common approach to issues such as immigration, border controls and asylum policy has become apparent." (ECRE) Thirteen years ago, common European agreement was reached through the Maastricht Treaty, which designated asylum policy as a matter of shared interest to European Union members. "
Abstract In this article, the writer notes that France will take the presidency of the European Union (EU) from July to December 2008. Priorities during this period include a "common pact on immigration and asylum" , which aims towards a greater harmonisation in these fields, but which does not mention enforcing a better respect of human rights. The writer points out that this issue triggers questions about the role of the EU as a global player in the field of human rights. Indeed, asylum - which refers to the protection granted by a foreign country to a person persecuted for political opinions or religious beliefs in its own country - is per se linked to human rights. However, current EU policies tend to criminalize migrants trying to enter and settle in "Fortress Europe", disregarding their reasons for migrating. The writer discusses that a new trend has recently been development in the management of asylum procedures: third countries have been listed as "safe", which implicitly means that they should not produce refugees and therefore that nationals of such countries who would yet claim asylum might not been "genuine" refugees. One can then wonder why the EU implements such a principle and what are the consequences on the new asylum procedures, as far as human rights are concerned. In this essay, the writer focuses on the implementation of the principle of "safe third countries" in the EU and the criticisms it raises.
Outline:
INTRODUCTION
I. CURRENT IMPLEMENTATION OF THE SAFE THIRD COUNTRY PRINCIPLE IN THE EUROPEAN UNION
A. BACKGROUND INFORMATION ON COMMON ASYLUM POLICIES AT EU LEVEL
1. International Legislation
2. EU Legislation
Before the Amsterdam Treaty (1999)
The Amsterdam Treaty
The Tampere Treaty and its Aftermath
The Hague Program (2004)
B. BACKGROUND INFORMATION ON THE NOTION OF SAFE THIRD COUNTRIES
1. Justification of the Principle of "safe third country"
2. European Vision of Safe Third Countries
Uses of Safe Third Country Principle in Europe
II. CRITIC OF THE SAFE THIRD COUNTRY PRINCIPLE
A. LEGALITY OF SAFE THIRD COUNTRY LISTS
1. Human Rights Issues in "safe" Third Countries
2. A Breach in the Geneva Convention?
B. NEGATIVE IMPACTS AND COUNTER-ACTIONS TAKEN BY NGOS TO FIGHT AGAINST THIS PRINCIPLE
1. Consequences of the Implementation of Safe Third Countries Principle
In the "Old Europe": Decreasing Rates of Asylum Claims in France
A New Burden for Bordering Countries of the EU and EU's Neighbours
2. Counter-strike of NGOS: Case Forum Refugies vs. OFPRA
CONCLUSION
Bibliography
From the Paper "To deal with asylum, it is necessary to remind some basic points of the Convention. Firstly, according to the 1951 Geneva Convention, to be granted refugee status, an asylum seek must lodge his/her claim in the State s/he wants to be recognize by, that is to say, s/he must have physical access to the territory of this State to start a procedure in which the validity of his/her claims can be assessed. Secondly, it is up to each State party to the convention to interpret the convention at its own discrepancy. Some States can be criticized for rejecting many asylum claims but that does not prove in itself a violation of the Convention, but rather a very strict interpretation. Thirdly, we need to remind ourselves that returning to their country of origin rejected asylum seekers and generally all irregular migrants not in need of protection is a difficult challenge. The procedures of detention, deportation and readmission have not been addressed by the 1951 Convention. Such measures depend on national or EU rules, but still should comply with international human rights standards. Both the overstaying and the removal of rejected asylum seekers create problems in terms of credibility and integrity of asylum systems. This is part of a wider debate on the balance of international cooperation and solidarity and control of migration fluxes."
Abstract The paper states that asylums came into existence in response to a growing social problem--what to do with people who were mentally ill. The paper recalls that they were not called mentally ill in those days but were referred to as victims of lunacy or madness. The paper states that the perception of madness as an illness came with the rise of psychiatry, and the development of psychiatry as a profession occurred concurrently with the development of asylums. The paper considers conditions that led to the building of asylums, how asylums were meant to function, and the shift of function that occurred late in the 19th century.
From the Paper "The Whitmore House, for instance, was owned and operated by Thomas Warburton who began at Whimore as an attendant. When the owner died, he married the owner's widow and thus acquired ownership. He habitually hired brutal, thuggish keepers and failed to supervise them. A pamphlet written by a former "whistle-blowing" employee in 1816, "A Statement of the Curelties, Abuses, and Frauds which are Practised in Mad-Houses" resulted in a hearing. The pamphlet reported Warbuton took in as many people as he could get whether he had beds enough or not. Two or three people were often in the same bed. Crowding was only the beginning. "Brutal forced feeding, using objects such as a long spouted 'tea-pot' and a large key to crank open the mouth, resulted in smashed front teeth or even suffocation if the spout was pushed in too far and food passed down the windpipe. Mrs. Hodges, the wife of the vestry clerk for St. Andrew Holborn, had died of incompetent forced feeding... Pauper patients were left naked on wet straw beds in unheated rooms; soiled straw, filthy and infested with vermin, was unchanged for days. The limbs of the frail were 'mortified' by cold and neglect; one woman's foot had to be half amputated. Almost everyone was chained to the bedstead at night" (Murphy, 2001, p. 31). Inspectors, when they went to see for themselves, repeatedly gagged from the stench."
Abstract The paper describes how Australia relies heavily on immigration and tourism to achieve population and economic growth. The paper discusses, however, how the number of unauthorized asylum seekers increased to the point that the country felt that it could not control society anymore. The paper examines whether there truly is a need to control asylum seekers and concludes that the Australian government is currently having an exaggerated moral panic. The paper disagrees with the government's use of the issue of deviance or social norms because this has only triggered racial discrimination and labeling among the white Australians.
Outline:
Introduction
Immigration and/or Asylum Seekers in Australia
The Reaction of the People
Conclusion
From the Paper "Australia is also one of the signatories the Refugee Convention and the 1967 Protocol, which prove that Australia welcomes and has properly resettlement areas for asylum seekers. Since these agreements were signed, "Australia has resettled large numbers of refugees and other persons of humanitarian concern from overseas camps". However, unlike other countries such as the US, Australia's record of asylum refugees was not that large thereby enabling the Australian government to have a direct and tight control over all aspect of immigration programs - such as social policies - concerning the asylum seekers (Protocol Relating to the Status of Refugees, 1967)."
A look at the similarities and differences in the experiences of refugees and indigenous Australians according to Australian literature and recent media attention.
Abstract A look at race relations in Australia in view of changing culture and how this is reflected in treatment of refugees, asylum seekers and indigenous Australians. Takes a look into the issues of land rights, the stolen generation, asylum seekers vs. 'genuine' refugees and detention centres.
From the Paper "Issues surrounding refugees and Indigenous Australians have featured prominently in the media over the last few years, covering areas such as the growing ethnic diversity of Australia, asylum seekers and their right to settle, the treatment of detainees, the stolen generation, mandatory detention, land rights for Aboriginals and Indigenous health. Whilst it has to be said that this has greatly increased the general public's awareness of these issues, it is becoming increasingly apparent that everyday Australians seem willing to place their opinions on the rights and experiences of these two minority groups ? refugees and Indigenous Australians ? into the "too hard" basket. Also, not knowing much about these two groups and their experiences means that most Australians form their perception of them from stories in the media and what they see on TV and in movies. Could this be contributing to the negative stereotypes and racist sentiment within our society ? all too willing to refer to the stereotypes of ungrateful detainees burning down their quarters or the drunken Aboriginals in the middle of Victoria Square?"
Abstract This paper mentions a number of fictional books as references for the terrible reputation given to most mental asylums today. The first book is "Asylum" by Erving Goffman, which talks about the plight of the patients housed in these places. The second book is "One Flew Over the Cuckoo's Nest" by Ken Kesey. The writer comments that both these books were written at a time when there was little control over state-run mental homes, and improvements have since been made. The writer looks at the hierarchy that exists between patients and caregivers.
From the Paper "Ken Kesey tells the story of a petty criminal who decides that life in an asylum would be preferable to a prison work farm and manages to have the authorities agree that he needs to be "evaluated". He enters the world of the mentally ill and finds that these are very human individuals hidden in shells that serve to protect them from the outside world and from the abuses of power that exist within the walls of the institution. The story is centered on the conflict (power struggle) between the head nurse and the newly arrived prisoner cum mental patient, Randal McMurphy."
Abstract The paper begins with an outline of the four waves of Vietnamese refugees who have attempted to find asylum in the U.S. since the fall of Saigon in 1975. The writer traces the hardships these people have met along the way, looking specifically at the insensitivity many countries have shown towards the boat people, refugees who encountered tragic events while traveling towards a country of refuge.
From the Paper "The plight of the boat people lies at the heart of a political quandary that involves many countries. It illustrates the intricacies involved in the diplomatic negotiations that ensue when the international community comes together to deal with an extremely difficult problem. Since 1984, Western countries, such as the U.S., have lowered their quotas for receiving the refugees. However, by decreasing the number of refugees accepted in the Western countries, first asylum countries, such as Thailand and Hong Kong, are bearing the brunt of the problem. They are using their resources to sustain increasing numbers of refugees who are not being resettled elsewhere (Santoli 28)."
Abstract This paper focuses on the immigration and asylum laws of the European Union with a special explanation and discussion on the status of third-world country long-term residents and their families. In the brief introduction, the paper describes the origin and history of migration and the scenario of present day immigration. A literature review related to the various proposals constituted by the E.U. and comments on these proposals is presented. The paper ends with a brief conclusion derived from the facts and discussion on the subject.
From the Paper "Undocumented immigrants have been the victims of police abuse, racial and ethnic discrimination, and violations of women's and children's rights (AELC, 2002). It is clear to policy makers that the EU needs to address these issues in the formation of new policies that they are considering. At this time, policies regarding illegal immigrants are not uniform and there are many differences in the way individual countries handle the situation. The AELC contends that any human being, regardless, of legal immigration status is entitled to at least some basic human rights."
Abstract This paper helps the reader to see the cultures of the Inuit and the Cree of Mistassini at the micro level, in the light of the "total institutions" described by Goffman in "Asylums". (1991) When describing social establishments of the kind, Goffman comments that, "every institution captures something of the time and interest of its members and provides something of a world for them; in brief, every institution has encompassing tendencies". (1991, 15) Current industrialized societies have a way of compartmentalizing different aspects of human life and interaction. (1991, 17).
Abstract This paper takes a look into the true definition of a refugee and the Australian government's stance on 'boat people' - also referred to as asylum seekers - and their policy on unauthorised arrivals. Mention is made of the condition of Australia's detention centres, and some of the conundrums faced when determining the fate of illegal immigrants. Is it fair to give a place reserved for a genuine refugee to those who do not come via established means? Additionally, the paper looks at the everyday Australian's view on multiculturalism with reference to imagined communities and the old White Australia Policy. Clearly the influx of refugees has changed the way Australians view themselvs as a nation and led many people to re-examine Australia's cultural and social makeup.
From the Paper "As Australians, we have all been touched by the recent refugee crisis in some way or another, with an increased influx of asylum seekers coming to our shores over the last few years. Indeed it is a human tragedy that people can be so desperate to flee their homeland that they are willing to travel thousands of kilometres across land and sea, eventually culminating in a "passage of terror" on an unsafe boat that more than likely would be carrying three to four times the normal number of passengers. The arrival of these "boat people" has caused of a division within our society ? those who are accommodating to the fact that these people have fled their county and should be allowed to stay, and those who believe that an influx of so called "illegal" refugees will lead to a perceived loss of national identity ? who want them to be sent back where they came from if no sufficient enough reason is forthcoming. The plight of international refugees is a cause for global concern, however understanding the key issues can be difficult for those with little background knowledge."
Abstract Politics in Britain have greatly influenced the public in many ways, not least in their opinions. The following discussion looks at British immigration and asylum policies and their effect on the existence of prejudice and discrimination against minorities. It outlines the importance of the terms "race" and "racism" and the explanations and types that have been identified. An outline is provided of how the different types have been encompassed into immigration policies and the effect they had on popular and accepted views and what, if anything, has changed. A timeline of political events and legislation is analysed in depth to provide evidence and reasons for the existence of racism in contemporary Britain.
From the Paper "Biologically race is a false concept, but it is real in sociological terms, in that people classify others as belonging to various races. Thus, some argue that there are no races but "social processes through which social relationships become racialised: represented ideologically as entailing race" . Thus, discrimination (i.e. political exclusion of migrants due to ?cultural incompatibility) is explained by some social scientists in terms of New Racism. It has its origins in the political crisis affecting Britain with the ascendancy of the political right in the 1980?s. Its focus is ?the defence of the mythic "British/English way of life" in the face of attack from enemies outside ("Argies", "Iraqis"), and within ("black communities")? . Racism, in these terms, is defined as discrimination based on the notion that it is justifiable to demand physical separation due to different cultural ways of living. There are downfalls to this theory. Although it talks of culture, it primarily concerns itself with colour. Some argue that the notion of new racism produces blackness and Englishness as "mutually exclusive categories" . Thus the argument arises that there is nothing new about new racism and its notions are fundamentally based around that of old biological racism."
A look at the achievements made by the E.U.towards a European refugee policy through a review of Joanne Van Selm's "European Refugee Policy: is There Such a Thing?".
Abstract This paper analyses Joanne Van Selm's working paper "European Refugee Policy: is There Such a Thing?". It discusses how "illegal immigrant", "asylum seeker", "refugee", "economic refugee" are all phrases that tend to create confusion in the minds of E.U. citizens. It looks at how the 25 Member-States barely have a common immigration policy, though they do have a few guidelines for a harmonisation of asylum policy. It is in this context, that the question of the existence of a European Refugee policy is discussed.
Outline:
Introduction
What Has Been Achieved in the EU so Far (From the Schengen Agreement to Now) Does Not Always Take the Right Direction Towards A Common Refugee Policy.
Implementing Agreements on Immigration, Asylum and Refugees in the EU: A Common Approach or 25 Approaches?
The Lack of Political Will of Fortress Europe Does Not Help Shaping a Common Refugee Policy
Conclusion
From the Paper "The very way refugee issues are dealt with within the EU is counterproductive, in terms of defence of human rights. VAN SELM explains that "there are [...] more national civil servants [than EU civil servants] dealing with asylum and refugee policy. They are all within the most sovereign control-oriented ministries too (Justice and Home Affairs) [...] Since where you stand is influenced by where you sit, it seems natural that these policy makers would be more likely to guard national interest and defend national policy than to consider the situations in countries and regions around the world, and the most appropriate policy Europe as a whole could pursue in the interest of maintaining stability by guaranteeing protection to refugees." Part of this safeguarding of the national interest would also be the lack of funds granted to refugee issues. If it is true that some EU Member States do "use part of their own overseas development aid to assist refugees in emergency and protracted situations around the world" (p.18), VAN SELM notes that "this is rarely done in a systemic way." Countries like Malta spent their ODA on detained asylum seekers, hence having anything but a refugee policy."
Abstract This paper discusses Peter Mullan's 2002 movie, "The Magdalene Sisters" depicting the dark side of Irish culture, church and history. The paper explains that from the late nineteenth to the late twentieth century, the Sisters of Mercy in Ireland ran profitable asylums for women. The paper claims that the laundry businesses allowed the convents to earn money while keeping socially scorned women behind bars. The paper contends that far from being a place of spiritual refuge, the Magdalene laundries often became torture houses closely resembling concentration camps. The paper explores how Mullan illustrates that spirituality was completely overrun by cruelty, greed, torture and manipulation. The paper states that the brutality shown on screen reveals a chilling behind-the-scenes glimpse of what actually did occur regularly in Magdalene asylum laundries.
From the Paper "The culture that supported such institutions was an inherently sexist one, as many of the interred women committed no offense other than having shamed their families or being attractive. Although a fictionalized account, The Magdalene Sisters shows what mental and physical abuse generally occurred behind the doors of Magdalene asylum laundries. "In fact, there are reports that, according to some survivors, the abuses depicted in The Magdalene Sisters actually fall short of the worst that really happened," (Greydanus). The Magdalene laundries, which were operated by the Sisters of Mercy throughout Ireland, were finally shut down for good in 1996. However, during their century of operation, countless women suffered abuses similar to those depicted on-screen by Scottish writer-director Peter Mullan."
