The Asylum Monologues

This blog has been written by Dr Grit Wesser, a postdoctoral fellow in Social Anthropology at The University of Edinburgh. Here, she reports from a recent Asylum Monologues event in Edinburgh, which brought together performers, academics, students and the public to discuss this global human rights issue.

Immigration has perhaps always been – at least since the rise of nation-states – a contentious issue for policy makers, in public discourse, and around families’ kitchen tables. The so-called “European Refugee Crisis” has renewed a debate not on ‘whether’, but on ‘how much’ to control and limit immigration to Europe. In this process, the issue has been reduced to one of numbers.

But why do people cross borders and leave behind their home countries and loved ones? What does it mean to be an asylum seeker in Scotland? What new boundaries do migrants face, once they arrive in a country that is foreign to them – and treats them as foreigners? Could Scotland become their new home? These questions were being creatively examined through a performance of the Asylum Monologues, and in the panel discussion that followed.

Ice&Fire, a theatre company that explores human rights issues through performance, created the first script of the Asylum Monologues in 2006. Since then the company has recorded and performed various testimonies of asylum seekers, aimed at raising awareness of asylum seekers’ experiences by sharing their stories with the communities to which they now belong. The audience listened attentively to a Scottish script, launched only during Edinburgh’s Fringe Festival in 2016.

The three Ice&Fire performers took turns in telling the stories of a Kurdish unaccompanied minor, a young Pakistani man, and an Iranian woman and their experiences in Scotland. These narrations were candid and often bittersweet, taking the audience on the asylum seekers’ journeys, oscillating between the fear of state persecution and the sensations of loss, hope, and homesickness. The stories evoked the grief caused by broken families and the joys experienced through new-found friends as well as the frustrations and struggles associated with having to start from scratch and the potentials and expectations that new beginnings hold.

The performance was followed by a panel discussion, chaired by Jenny Munro from Beyond Borders Scotland. The panel comprised Professor Anthony Good, Social Anthropology; Phil Jones, manager of the Glasgow Night Shelter for Destitute Asylum Seekers; and Steven Ritchie, one of the three performers. The panellists were joined by two young men whose stories we had just heard: Tony and Aras.

Since Aras had listened to the script of his own story for the first time, he was eager to praise the performer: “It was great. You told it better than I could have!” Tony and Aras spoke to the audience about their new life in Scotland, while Phil explained how the Night Shelter’s work attempts to mitigate the difficulties faced by asylum seekers in Glasgow. Steven, who was also involved in interviewing asylum seekers, revealed more about the process of recording and retelling their life stories.

Issues surrounding the asylum process in the UK were clarified by Prof Good, who has frequently acted as an expert witness on asylum appeals in the UK and other countries. Contrary to the stories we had listened to, he elaborated, the Home Office structures its interviews with asylum seekers in a way that does not accommodate a chronological order of their experiences. Questions are often phrased ambiguously so that asylum seekers’ answers could vary, in turn leading to an intentional undermining of their credibility – a credibility required for gaining refugee status.

After a vote of thanks to the performers, panellists, and sponsors, the event ended with much applause and a donation appeal. The audience donated a total of nearly £200, which was equally split to support the work of Amnesty International and the Glasgow Night Shelter.

Aimed at making the people behind immigration numbers visible again, it was a successful evening – as one attendee later commented: “I’ve been to a few discussions on refugees and asylum seekers in Scotland, but this was the first to have a more creative take with the monologues, which I thought worked really well. It’s always helpful to have a more personal take, because numbers and places are difficult to bring to life.  I thought it was great all in so thanks for putting it together.”

Grit Wesser organised The Asylum Monologues event with Helene Frössling (Scottish Graduate School of Social Science) and Hannah Cook (Centre for African Studies), and in collaboration with Beyond Borders Scotland and Ice&Fire. The event was co-supported by the Global Justice and Global Development Academies’ through their joint Innovative Initiative Fund.

Human Shields: From International Law to Legitimate Political Violence (Peace and Conflict Series)

 

Nicola Perugini on the weaponisation of human bodies and the increasing justification of the killing of innocent civilians through international law

 

Nicola Perugini is a Lecturer in International Relations at the University of Edinburgh. For this exclusive blog post in the Global Justice Academy’s Peace and Conflict Series, Nicola was asked to answer the following question about his research:

What does human shielding tell us about the link between international law and contemporary political violence?

 

Nicola Perugini

Human shielding is growing phenomenon intricately linked to the increasing “weaponisation” of human bodies in contemporary warfare. The term refers to the deployment of civilians in order to deter attacks on combatants or military sites as well as their transformation into a technology of warfare. From Gaza City through Mosul in Iraq to Sri Lanka, accusations of using human shields as an instrument of protection, coercion or deterrence have multiplied in the past few of years.

Indeed, the dramatic increase of urban warfare, including insurgency and counterinsurgency, terrorism and counterterrorism, has inevitably meant that civilians often occupy the front lines in the fighting, while the distinction between civilians and combatants is blurred. This, in turn, presents a series of ethical dilemmas relating to the use of violence and whether the violence deployed complies with international law.

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Trafficking in the UK: Demands and Dilemmas for Justice

Mahlea Babjak is reading for a PhD in Religious Studies and is researching human trafficking in South Asia.  She is a Global Justice Academy Student Ambassador for 2016-17. Here, Mahlea reports on the recent Tumbling Lassie seminar on Trafficking in the UK.

The Faculty of Advocates, as well as other lawyers and justice advocates, gathered on the 28 of January 2017 to hear from key stakeholders fighting human trafficking in both the UK and abroad, due to the interlinking nature of trafficking networks.

The seminar opened with a short history of The Tumbling Lassie, followed by a compelling talk led by Andrew Bevan of International Justice Mission (IJM). When Andrew stated that the IJM’s mission to “rescue thousands, protect millions and prove that justice for the poor is possible” was an ambition being met (with IJM currently protecting an estimated 21 million), I was filled with hope and reminded that seemingly impossible justice goals are never beyond reach.

Andrew traced the story of one woman whom IJM worked with in India. The woman was trafficked for labour and enslaved at a brick kiln under debt bondage for forty years. Our hearts grew heavy as we felt the weight of one brick that Andrew passed around the seminar from the kiln. Andrew is passionate about seeing students, businesses and lawyers in Scotland becoming advocates in anti-human trafficking. As Andrew stated, you can “use what’s in your hands to respond” to the global justice issue of human trafficking.

We then heard from the Solicitor General for Scotland, Alison Di Rollo, who emphasised her (and the Lord Advocate’s) desire to “make the invisible visible” by improving our ability of detecting, challenging, and reporting cases of trafficking in the UK (see photo).

Alison’s talk drew widely on the general approach of the justice system in Scotland and about their commitment to safeguarding human trafficking victims rights, working collaboratively with NGOs and academics, and prosecuting traffickers. While many would be surprised to hear that trafficking is indeed happening in Scotland and the UK widely, Alison noted common destinations in Scotland and discussed several cases as examples and stressed that improving our ability to detect victims of trafficking as critical.

Alison’s talk led nicely to Bronagh Andrew’s of TARA (Trafficking Awareness Raising Alliance), a sector of Community Safety Glasgow. Alison shared about how TARA offers a support service to trafficking survivors and helps to identify victims of sexual exploitation. TARA has a unique survivor-led approach, which has provided survivors with hope as their survivors re-learn how to trust people and the legal system. The work of TARA has empowered survivors through TARA’s ability to support survivors on a long-term basis, until the survivors express that they feel they’ve regained a sense of agency.

The final speaker was Parosha Chandran, an award-winning human rights barrister and receiver of the ‘Trafficking in Persons Hero Award 2015’ from former US Secretary of State, John Kerry. Parosha spoke about establishing rights recognition for victims of trafficking and she over-viewed some of the ground-breaking trafficking cases she has worked on over the past 15+ years, which have come to shape anti-trafficking efforts in the UK. A theme that would be interesting to explore further from Parosha’s presented cases is the often out-dated relationship between the justice system and Home Office. Since much of Parosha’s discussion was technical, legal language, she has offered to share her powerpoint that outlines the major human trafficking cases in the UK if requested by email.

Overall, this event sparked both hope within attendees and a desire to see more anti-human trafficking seminars combining major UK law firms and legal advocates. I would highly recommend people mark their calendars in advance for whenever the next Tumbling Lassie seminar may be.

More about the author

Mahlea is also the Emerging Fields Researcher for Tiny Hands International, an NGO fighting human trafficking globally through border and transit monitoring. Mahlea can be contacted at: mahlea@tinyhands.org.

The Tumbling lassie

If anyone is interested in this field and would like to get in touch with The Tumbling Lassie directly, you can email them here: tumblinglassie@gmail.com 

Should we have hope for the human rights project?

Vivek Bhatt is reading for a PhD in Law, and is a Global Justice Academy Student Ambassador for 2016-17. He recently attended and spoke at a conference hosted by the University of Sussex’s Human Rights Research Centre. The conference theme was Challenging Human Rights Disenchantment.

The past few years have been uncertain times for the human rights project. On one hand, the human rights discourse seems ubiquitous in contemporary international affairs. Yet on the other, the authority, legitimacy, and efficiency of international human rights law are continually being challenged. 2016, for example, saw the escalation of the refugee crisis resulting from conflict in Syria and Iraq, the rejection by several African heads of state of a UN dialogue on the human rights of same-sex attracted individuals,[1] and the election of a new American head of state, who – from the outset – has expressed an unwillingness to abide by key international human rights laws, the Convention against Torture, and the Refugee Convention.[2] In light of such developments, disenfranchisement and frustration with international human rights law seem inevitable. While some suggest that human rights are admirably idealistic but ultimately unenforceable,[3] others claim that the human rights project is but a vehicle for capitalism, the entrenchment of global power disequilibrium, and Western neo-colonialism.[4]

It was against this troubling backdrop that the Sussex Centre for Human Rights Research at the University of Sussex hosted its inaugural conference, titled Challenging Human Rights Disenchantment 50 Years on from the ICCPR and ICESCR. The interdisciplinary conference brought together human rights advocates, lawyers, and philosophers, with speakers considering various forms of human rights disenchantment, and the ways in which they can be challenged. Mona Rishwami – Chief of the Rule of Law, Equality, and Non-Discrimination branch of the OHCHR – opened the conference with an outline of the developments that galvanised the human rights movement and the profession of human rights law. Rishwami suggested that although the current legal framework for human rights was conceived in the aftermath of the Second World War, it articulates concerns and ideals that are pertinent to contemporary human experience. She was followed by Professor Pamela Palmater, who – as an indigenous woman – argued that human rights activism should no longer be left to members of the world’s most marginalised communities. Citing the disproportionate number of indigenous women in custody and the infrastructural underdevelopment of indigenous nations within Canada, Palmater suggested that human rights violations are rife even within States that are reputed as bastions of human rights. To Palmater, human rights law generates demands for state accountability, demands that we must all amplify within and beyond academic circles.

Following a series of thematic sessions featuring speakers from the UK and abroad, the esteemed Professor Andrew Clapham delivered a closing address. Professor Clapham shared anecdotes about the many ways in which he has been confronted by human rights disenchantment, from being told that human rights ‘are for girls,’ to seeing politicians and the press tell ‘lies’ about the competence and function of regional and international human rights bodies. While Professor Palmater highlighted the importance of human rights advocacy by individuals, Professor Clapham addressed the roles of academics and lawyers. He suggested that we must defend human rights as a binding and legitimate body of law, dispel pervasive fictions about the function and reach of human rights bodies, and challenge rhetoric that characterises human rights law as vacuous idealism.

Though they focused on different issues, Palmater and Clapham made a common argument: that there exist innumerable human rights issues around the world today, and their resolution requires engagement with individuals outside the realms of human rights law and academia. This, to Palmater, is in order to encourage widespread human rights activism. To Clapham, meanwhile, it is in order to legitimise human rights as a valid and functional category of law that can – and does – influence governance and society. Clapham’s argument resonated with Charlesworth’s description of international law as a ‘discipline of crisis’;[5] we can challenge human rights disenchantment by encouraging sceptics to look beyond the law’s most prominent failings, and to recognise the ways in which human rights laws exist as practice, constituting everyday realities.

As a participant, I left the conference with conflicting intuitions. I had spent the day speaking and hearing about the emancipatory promise of human rights, but simultaneously reading news about a travel ban in the USA and a possible escalation of torture practices in the context of the war on terror. Yet there was meaning to be found in this apparent clash between theoretical optimism and reality. Not that we should give up on human rights altogether, but that the human rights project is most important and meaningful precisely when the reasons for disenchantment with it seem most convincing. Human rights provide a basis for critical discursive and legal engagement with political institutions by academics, social movements, lawyers, and jurists. International human rights law also serves as a reminder that each individual is entitled to certain liberties and securities by virtue of his or her humanness. The policies of the Trump administration may be conspicuous and shocking, but they should not diminish the significance or urgency of other human rights issues around the world. As moral claims and as law, human rights require us to reflect on and respond to all instances of marginalisation, deprivation, and violence. This includes not only the suffering of migrants in constitutional democracies, but also indigenous communities, persecuted religious minorities, and same-sex attracted individuals, among others.

We should, therefore, have hope for and promote the human rights project. As Professor Palmater implied, inaction and despair would merely aid the demise of something we recognise as intrinsically valuable. The inaugural conference of the Sussex Centre for Human Rights Research highlighted not only the diversity of current human rights scholarship, but also the number of domestic, regional, and international practices that can be influenced (and improved) by human rights considerations. More information on the conference proceedings and speakers, including a copy of the programme, can be found at: http://www.sussex.ac.uk/schrr/pastevents/challenging-human-rights-disenchantment.

About the author

Vivek Bhatt is an Edinburgh Global Research Scholar, and is reading for a PhD in Law. He holds an MSc in Political Theory from the London School of Economics and a Master of International Law from the University of Sydney. Vivek’s research interests span public international law, international political theory, and counterterrorism. His current research relates to the engagement of individuals in the international legal system through the course of the war on terror.

[1] Permanent Mission of the Republic of Botswana to the United Nations, Statement of the African Group on the Presentation of the Annual Report of the United Nations Human Rights Council (4 November 2016) United Nations PaperSmart < papersmart.unmeetings.org/media2/7663738/botswana.pdf>.

[2] See, for example, Mark Mazzetti and Charlie Savage, Leaked Draft of Executive Order Could Revive C.I.A. Prisons (25 January 2017) The New York Times < https://www.nytimes.com/2017/01/25/us/politics/executive-order-leaked-draft-national-security-trump-administration.html?_r=0>.

[3] See, for example, Eric Posner, The Twilight of Human Rights Law (Oxford University Press, 2014).

[4] See, for example, David Kennedy, ‘Reassessing International Humanitarianism: the Dark Sides’ in Anne Orford (ed), International Law and its Others (Cambridge University Press, 2006) 131, 133-5.

[5] Hilary Charlesworth, ‘International Law: A Discipline of Crisis’ (2002) 65(3) The Modern Law Review 377.

Rethinking the International Criminal Justice Project in the Global South

This guest post is by Michelle Burgis-Kasthala, who is currently a Research Fellow at the Centre for International Governance and Justice, RegNet, ANU. Michelle will be returning to Edinburgh Law School in 2017-18. This post is re-blogged from ‘Regarding Rights: Academic and Activist Perspectives on Human Rights’ and is based on an article published recently in the Journal of International Criminal Justice: ‘Scholarship as Dialogue? TWAIL and the Politics of Methodology’.

ICC in Ivory Coast in 2013. Image: BBC News

ICC in Ivory Coast in 2013. Image: BBC News

Concerns about the International Criminal Court’s (ICC) continuing relevance in Africa following exit announcements by Burundi, South Africa, and Gambia are widespread. But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. How can we explain the fracturing of the Court’s support in Africa? More fundamentally – what is the best way of studying international criminal justice and its effects in the Global South – whether in Africa or elsewhere?

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Will Business Interests ‘Trump’ Human Rights?

Sean Molloy is a Principal’s Scholar in Law, reading for a PhD at Edinburgh Law School. Sean researches the relationship between business and human rights, and contributes to the LLM in Human Rights as a guest lecturer. In this post, he considers what a Trump presidency might mean for human rights and how this applies to businesses in the USA.

As the world comes to terms with the shock election of Donald Trump, our thoughts quickly turn to the implications of the choice of the American people (or more precisely the electoral colleges). From issues such as US foreign policy in Syria to US relations with Russia, the rights of Muslims and Mexicans, to abortion and the rights of women, both America and the world are left in a state of unease and uncertainty as to what the next four (or possibly even eight) years hold. As the dust settles, further potential consequences on other thus far unmentioned rights-related issues become the topics of thought. One such issue is that of Business and Human Rights (BHR) and in particular what Trump’s election might mean for the protection of rights in respect of the actions of businesses both in America and in regards to American companies operating abroad (see generally Business and Human Rights Resource Centre).

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Report from an IIF Event – Academic Freedom: “national security” threats in Turkey, India and the UK

Can the university be a space where academic freedom reigns while restrictions are increasingly threatening voices and lives outside its gates? Or must spaces for politics be opened up on and off campus in order to address the invasion of national security (and capitalist) logics into the realms of open enquiry? On 27 October 2016, scholars and activists engaged these questions with a focus on the variable effects of the securitisation of university space in Turkey, India and the UK.

A panel on Turkey included academics and students who have lost their jobs as a result of the broader crackdown on dissent following the failed coup in July. They highlighted the connections between increasing violence in the Kurdish regions of Turkey—which precipitated the “Academics for peace” petition that has been used as a pretext for dismissing many signatories from their posts—and the attempts of the state to impose controls on its critics. They asked if the focus on the plight of academics may mean that this violence recedes from the view of international publics. Efforts to maintain solidarity among those now outside the academy and those still within it, as well as initiatives to take the university outside spaces the government controls, provide hope for continued resistance in fearful times and carve out a more universal idea of the University as institution and spirit that always has had to be fought for and salvaged from strategies of subjection from various quarters, not only outside the University. In this way, this panel was inspiring for all university struggles, not just those related to Turkey.

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Workshop on Dignity: Reporting from an Innovative Initiative Fund Event

 

The Edinburgh Legal Theory Research Group had the pleasure of hosting, with the kind sponsorship of the Global Justice Academy through its Innovative Initiative Fund, the Workshop on Dignity on 6 October 2016. The workshop had three speakers: Ioanna Tourkochoriti (National University of Ireland Galway), Colin Bird (University of Virginia), and Adam Etinson (St. Andrews).

This guest post by co-organisers, Lucas Miotto and Paul Burgess, discusses the presentations and debate that took place.

The workshop was well attended by both staff members and students. An interesting, and beneficial, feature of the audience, was that it reflected the interdisciplinary character of the topic; we had attendees coming from myriad fields, such as politics, human rights, international and constitutional law, as well as legal and moral philosophy. Discussion was very lively and, perhaps due to the diverse character of the audience, presenters received feedback and questions from several different angles.

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The Apportionment of Shame: Rodrigo Duterte and the Cosmopolitan Discourse of International Criminal Law

vivek-bhatt-headshot

GJA Student Ambassador, Vivek Bhatt

The Global Justice Academy is delighted to launch the second year of its Student Ambassador programme with a guest post by Vivek Bhatt. Vivek is an incoming student reading for a PhD in Law. He recently completed the MSc in Political Theory at the London School of Economics, and holds a Bachelor of Arts (Advanced) (Honours) and Master of International Law from the University of Sydney. His primary interest is in international laws relating to counterterrorism, conflict, and human rights.  

Rodrigo Duterte’s war on drugs in the Philippines has recently been deemed an international crime. This post reflects upon issues arising from the condemnation of Duterte, asking whether international criminal law can enable the realisation of cosmopolitan ideals. 

duterte

Rodrigo Duterte, President of the Philippines

When elected President of the Philippines on 9 May 2016, Rodrigo Duterte vowed to reduce rates of drug-related crime within the state. Duterte has since waged a violent anti-drug campaign, authorising the extra-judicial execution of individuals thought to use, possess, or traffic illegal substances.  The President’s “death squad” comprises select members of the police force and civilian volunteers. Most of these individuals were lured into their roles as amateur mercenaries through payment, and promises of impunity for their actions. Others were coerced into joining Duterte’s campaign; men and women were guaranteed immunity from punishment for their own drug-related offences in exchange for their services as assassins.[1] The OHCHR suggests that over 850 people have been killed since Duterte’s election, but reports that take into account unexplained deaths during that period suggest the number is closer to 3,000.[2]
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Educating Human Rights in Post-conflict Settings

sm-blogSean Molloy is a Principal’s Scholar in Law at the University of Edinburgh, where he is completing his PhD. In this blog, Sean reflects on discussions about Peacebuilding and Education in South Sudan held during the Inclusive Political Settlements Summer School. He goes on to discuss the relationship between human rights and education in post-conflict settings from a critical perspective.

I had the pleasure of attending the Inclusive Political Settlements Summer School at the University of Edinburgh last June. While there in the capacity as a rapporteur for the third day, I found myself becoming increasingly engrossed in the discussions and presentations in what proved to be a highly informative and constructive day. While each individual presentation warranted further discussion, one presentation in particular invoked a series of questions pertaining to the place of education in societies attempting to emerge from the shackles of violent conflict.

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