Rights in Exile: Janus-faced Humanitarianism

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Berghahn Books, 2005 - Law - 385 pages
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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. Guglielmo Verdirame is a Lecturer in Law at the University of Cambridge and a Fellow of Corpus Christi College. He is also the author of a forthcoming book on the accountability of the United Nations. Barbara Harrell-Bond, Founding director of the Refugee Studies Centre, University of Oxford, has, after retirement, been Visiting Professor at Makerere University and at the American University in Cairo. In 1996, she received the Distinguished Service Award of the American Anthropological Association. She is the author of Imposing Aid (Oxford, 1986).
 

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Contents

Refugee Law and Policy in Kenya and Uganda
26
The legal framework in Uganda
28
Refugee policy in Kenya
31
Refugee policy in Uganda
36
Refugee lawmaking in fits and starts
45
Conclusion
49
Getting In
55
The OAU Convention and group recognition
57
Right to life
130
Freedom from torture and from cruel inhuman or degrading treatment or punishment
133
Freedom from slavery and forced labour and the violation of other labour standards
151
Liberty and security of the person
152
Freedom of movement
179
Access to courts and right to fair trial
182
Privacy and family life
195
Freedom of expression thought conscience and religion and freedom of assembly and association
198

standards and procedures
58
Legal hurdles to admission
59
Ordeals of arrival
63
New arrivals and local people
70
Conclusion
72
StatusDetermination Procedures and when you go to UNHCR pray
78
Procedural standards in status determination
79
Who is in charge?
80
The role of NGOs
87
Confidentiality
91
Interpreters
92
Advocacy
93
Standards of evidence
94
Decisions
96
Exclusion
107
Cessation
110
Conclusion
113
Civil and Political Rights
120
Nondiscrimination
121
Conclusion
201
Economic Social and Cultural Rights
214
Employment
215
An adequate standard of living
225
The highest attainable standard of physical and mental health
241
Education
253
Cultural rights
260
Conclusion
263
Refugee Protection What Is Going Wrong?
271
Host countries
272
Donor countries
277
Resettlement
283
UNHCR
287
NGOs
312
Conclusion
324
Conclusions
332
Bibliography
340
Index
372
Copyright

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About the author (2005)

Guglielmo Verdirame is Professor of International Law at the Department of War Studies and the School of Law at King's College London. Before taking on this position, he was a Lecturer at the University of Cambridge and Fellow of the Lauterpacht Centre for International Law. His main areas of research and teaching are public international law, and legal and political philosophy. He is a barrister at 20 Essex Street chambers, London.