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Join us for a discussion on the historical origins of asylum and the current political and legal landscape surrounding asylum seekers. Explore case study examples and learn about efforts to challenge discrimination and promote equal human rights.
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Trinity College, Dublin and National University of Maynooth TCD, Áras an Phiarsaigh (Pearse House) Room 0.09 People seeking asylum, Racism and the State Tuesday 24th April 2012 RAPAR Working Together To Achieve Equal Human Rights Dr Rhetta Moran
CREATING SHARED MEANING Where DOES the word ‘asylum’ come from? What the people made: In ancient Greece the temples, altars, sacred groves, and statues of the gods generally possessed the privileges of protecting slaves, debtors, and criminals, who fled to them for refuge. What the law ( the superordinate group) decreed: The laws, however, do not appear to have recognised the right of all such sacred places to afford the protection which was claimed by the people. The laws confined protection – asylum - to a certain number of temples, or altars, which were considered in a more especial manner to have the asylia. (Servius ad Virg. Aen. ii. 761.) ……….the ASYLIA belongs to the people….
Structure • Political-Legal-Ideological context • Evolution of RAPAR….interrupted • Theoretical framework underpinning our work • Researching in action: • intervening, exposing, organising, resisting… • Case study examples
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK Before 1997 – UK Labour Govt said little about Asylum and Immigration….6 lines in the 1997 party manifesto Political landscape is transformed by 2003 What happened in between?
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • 1999 - Accommodation continues to be available to people failed by asylum system but cash is stopped
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • 1999 - Accommodation continues to be available to people failed by asylum system but cash is stopped • 2000 – NASS (government quango) takes over responsibility for asylum system
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • 1999 - Accommodation continues to be available to failed asylum seekers but cash is stopped • 2000 – NASS takes over responsibility for asylum system • 2001 – Jack Straw publicly moots concept of “overhauling” 1951 UN Convention on Human Rights (refugees vs./separated from asylum seekers)… remember why the convention was written…
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • 1999 - Accommodation continues to be available to failed asylum seekers but cash is stopped • 2000 – NASS takes over responsibility for asylum system • 2001 – Jack Straw moots concept of “overhauling” 1951 UN Convention on Human Rights (refugees vs. asylum seekers) • 2001 Intolerance of refugees and asylum seekers is particularly acute in the UK (Council of Europe Racism Commission Report, 2001, BBC News 03.04.01. news.bbc.co.uk/1/hi/uk/1257321.stm)
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • 2001 [CRE is ] failing to challenge the creation of new structures of discriminationthat provide the ideological space in which racism towards asylum seekers becomes culturally acceptable” CARF, 2001. License to hate. Campaign Against Racism and Fascism 62. June-July . www.carf.demon.co.uk/feat52.html
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • March 2002 - Asylum seekers prohibited from working
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • March 2002 - Asylum seekers prohibited from working • The Star and the News of the World begin talking about people seeking asylum as “this scum” … focus is on Sangatte…closing it…reassertion of the ideology of the border ….dating back to the Aliens Act (1905)
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • March 2002 - Asylum seekers prohibited from working • The Star and the News of the World begin talking about people seeking asylum as “this scum” … focus is on Sangatte…closing it…reassertion of the ideology of the border ….dating back to the Aliens Act (1905) • October 2002 – Eviction into destitution, as law, begins to become visible – the first time since Ireland in 1846
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • March 2002 - Asylum seekers prohibited from working • The Star and the News of the World begin talking about people seeking asylum as “this scum”…focus is on Sangatte • October 2002 – Eviction into destitution begins to become visible • December 2002 - of 40 organisations working with people seeking asylum in England and Scotland, 85% reported to the Refugee Council that clients experienced hunger
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • March 2002 - Asylum seekers prohibited from working • The Star and the News of the World begin talking about people seeking asylum as “this scum”…focus is on Sangatte • October 2002 – Eviction into destitution begins to become visible • December 2002 - of 40 organisations working with people seeking asylum in England and Scotland, 85% reported to the Refugee Council that clients experienced hunger • However, before the media campaign (2002 onwards), despite marked increase in numbers of people claiming asylum, the percentage of people who put asylum as their main concern was in single figures. (Dean M (2011). Democracy under attack. Policy Press)
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • 26th Jan 2003 – 40000 of 240000 people with failed asylum applications deported….Tony Blair’s response: • “If the measures that we’re taking … just coming • into effect now … if those measures don’t work • [i.e. destitution for newly arriving people] then we • have to consider further measures, including • fundamentally looking at the obligations we have • under the convention of human rights.” • BBC Breakfast with Frost. BBC Breakfast with Frost Interview: • Prime Minister Tony Blair. January 26th, 2003.
- If you took the Prime Minister to another country - • - Iraq – • and he was not Prime Minister – • and he waited for his decision – • refused – • appeal – • refused again – • and no work permission... • What would he do? Manchester based refugee man helping destitute asylum seeking men, May 2003
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK February 2003 – Blair announces intention to halve asylum numbers within six months…. Projected figures based on new 2002 rules and the Sangatte closure
What’s the big picture? April 2003: “A political regime – even one supported or elected by a majority of the population – which sought to deny basic rights to those falling within its care would be in danger of forfeiting the right to call itself democratic.” Cherie Blair QC, addressing 13,000 Commonwealth Lawyers in Australia as reported in Fickling, D. 2003. Guardian Newspaper. 15th April. politics.guardian.co.uk/cherie/story/0,12713,936861,00html
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK Joint Committee of Human Rights, 2003: “We believe that it is absurd to refuse leave to remain to people who, for whatever reason cannot be removed. We recommend that such people be granted a temporary status which will allow them to support themselves.”
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK Joint Committee of Human Rights, 2003: “We believe that it is absurd to refuse leave to remain to people who, for whatever reason cannot be removed. We recommend that such people be granted a temporary status which will allow them to support themselves.” “It is difficult to envisage a case where a person could be destitute without there being a threat of violation of Articles 3 and 8 of the European Commission of Human Rights”
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • Joint Committee of Human Rights, 2003: • “We believe that it is absurd to refuse leave to remain to • people who, for whatever reason cannot be removed. We • recommend that such people be granted a temporary • status which will allow them to support themselves.” • “It is difficult to envisage a case where a person could be • destitute without there being a threat of violation of • Articles 3 and 8 of the European Commission of Human Rights” • Continuous and deepening violations since 2003… • compounded by • illegal warfare NOT social welfare
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • Joint Committee of Human Rights, 2003: • “We believe that it is absurd to refuse leave to remain to • people who, for whatever reason cannot be removed. We • recommend that such people be granted a temporary • status which will allow them to support themselves.” • “It is difficult to envisage a case where a person could be • destitute without there being a threat of violation of • Articles 3 and 8 of the European Commission of Human Rights” • Continuous and deepening violations since 2003… • compounded by • illegal warfare NOT social welfare • increasingly profound socioeconomic divisions
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • Joint Committee of Human Rights, 2003: • “We believe that it is absurd to refuse leave to remain to • people who, for whatever reason cannot be removed. We • recommend that such people be granted a temporary • status which will allow them to support themselves.” • “It is difficult to envisage a case where a person could be • destitute without there being a threat of violation of • Articles 3 and 8 of the European Commission of Human Rights” • Continuous and deepening violations since 2003… • compounded by • illegal warfare NOT social welfare • increasingly profound socioeconomic divisions • attacks on multiculturalism
POLITICAL-LEGAL-IDEOLOGICAL FRAMEWORK • Joint Committee of Human Rights, 2003: • “We believe that it is absurd to refuse leave to remain to • people who, for whatever reason cannot be removed. We • recommend that such people be granted a temporary • status which will allow them to support themselves.” • “It is difficult to envisage a case where a person could be • destitute without there being a threat of violation of • Articles 3 and 8 of the European Commission of Human Rights” • Continuous and deepening violations since 2003… • compounded by • illegal warfare NOT social welfare • increasingly profound socioeconomic divisions • attacks on multiculturalism • rise of the far right
RAPAR’s Evolution 2000-2001: ground level reactions to forced dispersal
RAPAR’s evolution 2000-2001: ground level reactions to forced dispersal 2001-2002: pre 9/11, refugees, academics, practitioners organise together and create a limited company and registered charity
RAPAR is: An acronym for Refugee and Asylum seeker Participatory Action Research • Spring 2001- RAPAR network forms in response to • introduction of forced dispersal, seedcorn funding follows • (Moran et al, 2002) • A collection of organisations and individuals well placed to create evidence bases about the needs of communities in the North West of England where people fleeing persecution have been dispersed by central government • An action network that begins to inductively develop constructive responses to evidence bases about need that derive from the lived experience of asylum
Material Context: Social- economic- cultural- political Community Member/ Client/ User Practitioner RAPAR E.g. service delivery setting E.g. Public or private space Researcher Material conditions, specifically situated in time and space: e.g. housing, employment, mix of people, form of government
RAPAR • Feb- Mar 2002: RAPAR limited company and charity in process of development • September 2002: RAPAR’s bid to lead SRB5 project (worth £650,000 over three years) goes live • “to develop evidence about needs and action in • services with refugee people seeking asylum” • (Private Eye 2005) • Oct 2002: First destitution presentation (Moran, 2003)
RAPAR and the SALFORD RAPAR SRB5 PROJECT Nov 25th 2002 - 14 destitute men from Kurdistan, advocate CAB, Regional Media, author and other researchers from project Nov 26th 2002 – First televised treatment of destitution: “Some people are returning voluntarily and finding their own route back in the same way that they found their route here [i.e. through the illegal trade in human traffic]. There’s been a significant increase in the number of people returning voluntarily. We do feel very strongly that we cannot go further in this situation.” Home Office Minister, Beverly Hughes MP
Interventions • Crisis Committee (For Greater Manchester) leading to: • Network for identifying temporary shelter • Information leaflet about sources of support • Calling, sponsoring and organising public meetings and demonstrations • Formation of spaces and platforms where destitute people speak out for themselves and on behalf of others
The act of researching brings the reality of destitution, from the perspective of the destitute, into the public domain Manchester Town Hall 8th January 2003: the day that Sections 55 and 58 first took effect
Interventions • Media (Newspaper, Radio, Regional and National Television) • Co-operation with media professionals based on establishing trust, quickly, and agreeing: • Direct involvement in composition by people affected • Share decision making process • Opportunity to communicate directly, themselves • Final edit does not contribute to myth-making
The war against Iraq began on March 19th, 2003….. In The Guardian on Saturday March 22, 2003A cold shoulder for Saddam's victims By Melanie McFadyean. The government uses Saddam's persecution of Iraqis as a justification for war. But when those same people escape to the UK, they are given a wretched reception. In a sparsely furnished lounge in a flat on the 14th floor of a Salford tower block, a group of Iraqi Kurdish asylum seekers gather to talk…. They began to build a social network after meeting throughDr Rhetta Moran, a sociologist from Salford University's Revans Institute, who has developeda research project with Salford's refugee community.
Learning Opportunity with RAPAR hosted by the Revans Institute for Action Learning and Research, University of Salford, Thursday 5th June, 2003 Overview of case example: All the persons involved in the case – service users, service providers, community members – have been anonymised and the real- time framework within which the events occurred has been removed. Our purpose being: To create a constructive atmosphere, free from the drive to find one – or some – to blame, within which we can all learn for the future.
Salford RAPAR Learning Opportunity, University of Salford, 5th June, 2003
Learning Opportunity with RAPAR hosted by the Revans Institute for Action Learning and Research, University of Salford, Thursday 5th June, 2003 Mother facing eviction into destitution: “after everyone has tried to help me I am feeling better. My GP visited me he told me he would try to help me. The assessment people came and told me, 2 or 3 times ‘we believe you’. I told them: ‘I have 2 arms and 2 eyes and think about me… what I have left…think about me… I am not a piece of paper’.”
RAPAR’s evolution 2000-2001: ground level reactions to forced dispersal 2001-2002: refugees, academics, practitioners organise together and create a limited company and registered charity Oct 2002: first destitution presentation Oct 2002 – June 2003: Media coverage and effective engagement with practitioners
RAPAR’s evolution 2000-2001: ground level reactions to forced dispersal 2001-2002: refugees, academics, practitioners organise together and create a limited company and registered charity Oct 2002: first destitution presentation Oct 2002 – June 2003: Media coverage and effective engagement with practitioners 2003-2005: Concerted efforts to shutRAPAR down…..
The super-ordinate reaction to this experimental test was to seek to stop the experiment: • Requisition the laboratory – occupy the place of safety (Private Eye, January 2005) • Silence the researching practitioners/clients inside of it (Baty, 2005: Times Higher Educational Supplement, 21st October; Miwanda Bagenda, 2006) • Dis-locate the researching practitioners/clients outside of it (Greenham and Moran (2006), Temple and Moran (2006), (Asthana, 2006: Observer Newspaper, 19th February)
What happened to RAPAR in Salford demonstrates how: • The dialectic between making an evidence base about the asylum system and communicating about it can begin to: • Change perceptions about the meanings and • significances of the asylum system • Stimulate support and interventions, within and beyond the community of people directly affected • Precipitate political reactions to the action research that seek to silence the researching actors within the action research process itself…but the research goes on
RAPAR’s evolution 2000-2001: ground level reactions to forced dispersal 2001-2002: refugees, academics, practitioners organise together and create a limited company and registered charity 2002-2007: Salford based. Action Learning Model 2003-2005: Concerted efforts to shutRAPAR down…..coinciding with the war against Iraq 2007- now: City Centre Manchester. Starting from the lived experience of the person who is a refugee – work out, with them, how to set out what they need and how to make it become reality
Meta-theory: language creation from below (3) • Volosinov (1986 (1929)), disappeared in 1930’s Stalinist purges:
Meta-theory: language creation from below (3) • Volosinov (1986 (1929)), disappeared in 1930’s Stalinist purges: - Experience of human reality is communicated through language
Meta-theory: language creation from below (3) • Volosinov (1986 (1929)), disappeared in 1930’s Stalinist purges: - Experience of human reality is communicated through language - Critical purpose of language is to communicate
Meta-theory: language creation from below (3) • Volosinov (1986 (1929)), disappeared in 1930’s Stalinist purges: - Experience of human reality is communicated through language - Critical purpose of language is to communicate - Reality is both objective and intersubjective
Meta-theory: language creation from below (3) • Volosinov (1986 (1929)), disappeared in 1930’s Stalinist purges: - Experience of human reality is communicated through language - Critical purpose of language is to communicate - Reality is both objective and intersubjective - Intersubjective (between people) reality is fundamentally affected by socioeconomic[cultural] position