Many oppressed people wish to seek permanent refuge within the borders of affluent Western liberal democratic states such as Canada and Australia. Since the conclusion of the Second World War, the International refugee regime has established a global legal migration framework for contracting states such as Canada and Australia to grant admission to asylum seekers into each respective political community while retaining effective border control measures to maintain public safety. This thesis argues that the international refugee regime has suffered a gradual decline during the last two decades, especially during the post-9/11 era, primarily due to the dominance of the notions of national sovereignty and security in Canada and Australia. The author recognizes the importance of realpolitik and pays tribute to the concept of national sovereignty. However, he contends that the predominance and prevalence of the securitization phenomenon in recent years in both Canada and Australia, has given rise to a culture of suspicion which primarily perceives and publicly portrays asylum seekers as entities with ulterior motives. Such views have subsequently culminated in the normalization of national refugee determination policies which inherently favor the implementation of human containment measures such as arbitrary and indefinite detention and Temporary Protection Visas (TPVs); restrictive measures which inherently violate some of the core legal principles of the international refugee regime. The author recommends a return by both Ottawa and Canberra to a more balanced refugee determination system which is aligned with the 1951 Refugee Convention and 1967 Protocol and further explores several alternative solutions that may be employed by Canada and Australia to effectively manage asylum seeker populations in each country. / Graduate / gheshmat@uvic.ca

This thesis describes, conceptualizes and analyzes local reactions to the establishment of a refugee center in a small, remote mining community in Malmliden, rural Sweden, in the early 1990s. The purpose of the study was to explore and describe the local and wider contexts in which the reactions took place and to understand reactions in relation to these contexts. The study combined qualitative interviews, participant observation and the analysis of texts from different sources: daily press, historical and policy documents. Twenty-seven persons were included in the interview study (nineteen respondents and eight key infor-mants). Interviews with the nineteen respondents (nine men and ten women) were based on a semi-structured interview manual and were carried out during the winter of 1993 and the spring of 1994. Theo-retical frames and concepts were chosen in an elaborative way that was suitable for the empirical findings that gradually developed. In short, theoretical considerations that focus on social and political processes of inclusion and exclusion, ethnic relations and categorizations and the interplay between the social and the individual frame the analysis. The analysis is more closely informed by perspectives on how the atti-tudes toward the asylum seeker (as an immigrant but also as a welfare-state client), as a representation of “the other”, are socially produced. This study revealed that the inhabitants had dual reactions to the localized refugee center in Malm-liden. The reactions could neither be characterised as positive nor negative. They were summarized as ambivalent and were expressed spatially and socially. The spatial aspects include a number of inhabitants’ positive experiences of the refugee center as something that brought vitality to the slumbering neighbor-hood, while others thought of the refugee center as something disturbing and displaced. The social aspects involved a number of inhabitant’s embrace of the refugee center and the asylum seekers, whereas others distance themselves from the center and the refugees. While some inhabitants were enriched by the con-tact with asylum seekers, others dissociated themselves from the refugees and other inhabitants who were involved with the refugee centre. Some of the reactions were expressed as resistance. These reactions were mostly expressed latently, toward the authorities or local Policy makers and not directly toward the refugees or the refugee center The inhabitants blamed the establishment of the refugee center and those employed there for the poor state of things because they represented symbols of change and uncertainty. Therefore, initially the resistance could not be understood as rooted in emotional antipathy toward refu-gees as a (ethnic) group or as individuals, but rather as resistance against a perceived intrusion into the neighborhood autonomy. However, the strategies of the inhabitants were avoidance of contact with the refugee center and the stigmatization of the refugees. Therefore, the actions of resistance resulted in a racialization of place and ethnic segregation. The dual reactions of the inhabitants were contextual, and in which local as well as national circumstances played a considerable role in shaping the inhabitants’ experiences. At both national and local levels, the attitudes and practices directed toward asylum seekers and refugees were ambivalent. The reasons for the local acceptance of asylum seekers were ambivalent, and in which both actions of solidarity and economic considerations came into play. An external circum-stance influenced expectations and reactions to the refugee center was an ambivalent refugee policy which aimed to integrate the asylum seeker with a normalized habitat but with an institutional framing, which clearly made the asylum seeker into a client. Another external factor was the welfare state position of the asylum seeker, as he or she was positioned in an ambivalent juridical, social and political position. The overall conclusion is that the positions of the asylum seekers in the neighborhood of Malmliden were further stressed as welfare state clients and not as ordinary neighbors. A concluding image is that the contextual ambivalent positioning of the asylum seekers was reflected in the way the inhabitants regarded the asylum seekers as others in the neighborhood community.

Denna studie sker med bakgrund av den flyktingsituation som uppstod i världen under 2015 och som kom att kallas den värsta flyktingkatastrofen sedan andra världskriget. Många länder i Europa, Sverige inkluderat, upplevde ett ökat antal asylsökande under denna period och detta blev föremål för en intensiv mediabevakning och en rad politiska åtgärder. Syftet med denna uppsats är att kritiskt granska hur flyktingar och flyktingmigrationen till Sverige under hösten 2015 konstrueras genom den offentliga diskursen som förekommer i svensk nyhetsrapportering. Syftet är även att undersöka hur dessa konstruktioner kan komma att skapa en bild av människor på flykt som ”den andre”. Detta kommer göras genom att undersöka på vilket sätt flyktingmigrationen framställs i Aftonbladet med utgångspunkt i två av de politiska beslut som togs 2015, nämligen införandet av ID-och gränskontroller. Detta har gjorts genom en kvalitativ textanalys med hjälp av en perspektivanalys. Två perspektiv kunde identifieras i de undersökta artiklarna, Hot-perspektivet, där flyktingmigrationen till Sverige framsälldes som ett hot mot Sverige och den svenska välfärden, och Humanitetperspektivet, som fungerade som ett motperspektiv till Hot-perspektivet där Hot-perspektivets problemformulering ifrågasätts och den problematiska situationen anses vara att i och med de politiska besluten om att begränsa antalet asylsökande hotas flyktingars grundläggande mänskliga rättigheter. Studien kom fram till att Hot-perspektivet präglas starkt av en nationalstatlig uppfattning med spår av en rasistisk diskurs som bidrar till att sprida en uppdelning mellan ”vi” och ”dem” som i sin tur kan leda till spridandet av en exkluderande inställning gentemot asylsökande. Genom att beskriva flyktingmigrationen som ett hot mot det svenska samhället bidrar perspektivet till att legitimera en mer restriktiv hållning då dessa beslut framstår som rimliga och möjliga. Humanitetperspektivet präglas av en mer global syn som erbjuder en mer inkluderande uppfattning av flyktingar och asylsökande. Genom att lyfta problemformuleringen och placera den problematiska situationen både i och utanför Sverige bidrar Humanitetperspektivet med men mer global syn på flyktingmigrationen som sammanfogar världen till ett mer sammansatt samhälle istället för att se den som uppdelad i nationer.

The numbers of people on the move, fleeing from conflict, persecution and violence is increasing and so is the level of violence against those most vulnerable persons. The question why host populations turn against refugees in liberal European democracies as isolated phenomenon has, to my knowledge, not experienced great academic attention. This study investigates what societal conditions need to be fulfilled in order for violence to occur. Deriving from previous research on anti-refugee violence in developing countries and right-wing violence, I suggest the following argument: A high level of knowledge deficit regarding refugees and a high level of relative deprivation causes a high level of insecurity among society, which makes persons more susceptible to anti-refugee mobilisation, making it effective and thus leading to violence. In order to test this hypothesis, I conduct a structured focused comparison, investigating Saxony and North Rhine-Westphalia, two federal states within Germany. The first showing a high level of anti-refugee violence compared to the latter showing a low level of violence. The evidence found in the study shows some support for the proposed theory. A higher level of insecurity is prevailing in Saxony compared to North Rhine-Westphalia, yet the results are not as distinct as expected. Thus, more research is necessary in order to shed more light onto the phenomenon and develop countermeasures.

It is the existence of trauma and its associated responses that categorize refugees as different from other migrants. These circumstances create significant and complex special needs which this thesis suggests should be addressed (initially) on resettlement programmes. Because of the high vulnerability of refugees as a consequence of previous losses and their exposure to sustained deprivation, empathy must be a primary requisite of teachers who are responsible for delivering these programmes. This thesis enquires whether the teaching methodology and approach for refugee resettlement programmes, however, should entail more than just an empathic disposition and indeed whether educational programmes should seek to address the unique and very special needs of refugees through the imparting of 'critical' skills and strategies. Furthermore, the thesis investigates the various educational theories and approaches that appear to have particular correspondence with the unique needs of refugees.The six-week period at the Mangere Refugee Reception Centre represents a significant moment in the lives of refugees. It is for many the turning point from their traumatic past to a future of hope. During this 'renaissance' period, the Centre for Refugee Education under the auspices of AUT University, offers an education programme for all quota refugees. It is this programme, in particular, that forms the focus of this thesis; however the principles and recommendations have wider ramifications and could (with modifications) equally apply to refugee provision in the wider sector. The broad aim of this thesis is to investigate what it is that refugees need on arrival in New Zealand and the extent to which the content and methodology of the orientation programme offered to refugees can be enhanced to better support and prepare refugees for the transition into New Zealand society. A teaching approach heavily nuanced by the post-structural appropriation of critical theory is discussed and it is proposed that this approach in conjunction with collaborative, participatory and constructivist elements could form a 'refugee-centred approach' which has the potential to more effectively and appropriately address the specific needs identified as pertaining to refugees. An oft-heard criticism of 'critical theory' and its many renderings is that it is 'too theoretical' and difficult to implement. This thesis argues that the post-structuralist interpretation can, indeed translate into practice and suggestions for its pedagogical implementation represent a key outcome of this research.

<p>The thesis examines the international refugee protection system in order to discover whether or not the system constitutes an international regime, as defined by international relations literature. To do so, it formulates a theoretical framework combining neoliberal and constructivist approaches to regime theory. It closely examines the legal documents that provide the normative and procedural framework of the protection system (such as the 1951 Convention Relating to the Status of Refugees, various regional agreements, as well as certain human rights documents) and discusses the legal, political, and moral obligation that these documents instill upon the member states of the protection system. It evaluates the principles, norms, rules, and decision- making procedures provided by the system, and compares them to the necessary criteria of an international regime in neoliberal theory. The purpose of trying to discover whether the refugee system constitutes an international regime is to show that if it is a regime, states are no longer afforded the full freedom of action and decision-making under the doctrine of sovereignty and that they have a certain level of obligation to abide by regime rules and help in the upkeep of the regime. After showing that the system constitutes a ‘strong promotional’ international regime, it discusses the importance of the regime within the international state system. It evaluates how it brings about cooperation and increasedstability within the regime, and lowers the costs of bargaining in order to bring about mutual gains for regime members. The thesis then examines the pre- and post-entry restrictive measures used by countries and attempts to prove whether or not the use of the measures constitutes a change in, or of, the regime, or a potential weakening of the regime. The thesis concludes that while the refugee regime itself is not changing, there is increasing incoherence between the proscribed behaviour of the regime and state action, which translates into a weakening of the regime. The regime analysis discusses the role the refugee protection regime plays within the international system as a whole and how this role is evolving through the use of restrictive measures.</p>

The thesis examines the international refugee protection system in order to discover whether or not the system constitutes an international regime, as defined by international relations literature. To do so, it formulates a theoretical framework combining neoliberal and constructivist approaches to regime theory. It closely examines the legal documents that provide the normative and procedural framework of the protection system (such as the 1951 Convention Relating to the Status of Refugees, various regional agreements, as well as certain human rights documents) and discusses the legal, political, and moral obligation that these documents instill upon the member states of the protection system. It evaluates the principles, norms, rules, and decision- making procedures provided by the system, and compares them to the necessary criteria of an international regime in neoliberal theory. The purpose of trying to discover whether the refugee system constitutes an international regime is to show that if it is a regime, states are no longer afforded the full freedom of action and decision-making under the doctrine of sovereignty and that they have a certain level of obligation to abide by regime rules and help in the upkeep of the regime. After showing that the system constitutes a ‘strong promotional’ international regime, it discusses the importance of the regime within the international state system. It evaluates how it brings about cooperation and increasedstability within the regime, and lowers the costs of bargaining in order to bring about mutual gains for regime members. The thesis then examines the pre- and post-entry restrictive measures used by countries and attempts to prove whether or not the use of the measures constitutes a change in, or of, the regime, or a potential weakening of the regime. The thesis concludes that while the refugee regime itself is not changing, there is increasing incoherence between the proscribed behaviour of the regime and state action, which translates into a weakening of the regime. The regime analysis discusses the role the refugee protection regime plays within the international system as a whole and how this role is evolving through the use of restrictive measures.

This dissertation investigates regime-based efforts by states to cooperate in providing assistance and protection to refugees since 1648. It argues from a constructivist perspective that state interests and identities are shaped both by other actors in the international system - including norm entrepreneurs, non-governmental organizations, and international organizations - and by the broader normative environment. Refugees are a by-product of this environment. Fundamental institutions - including territoriality, popular sovereignty, and international law - formed a system in which exit was one of the few mechanisms of survival for those who were religiously and politically persecuted. This led states to recognize that people who were so persecuted were different from ordinary migrants and had a right to flee their own state and seek accommodation elsewhere. States recognized this right to leave, but did not recognize a requirement that any given state had a responsibility to accept these refugees. This contradiction creates a dilemma in international relations, one which states have sought to solve through international cooperation. The dissertation explores policy change within the United States and Great Britain at the international and domestic levels in order to understand the tensions within current refugee protection efforts. Three regimes, based in different normative understandings, have framed state cooperation. In the first, during the 19th century, refugees were granted protections under domestic and then bilateral law through extradition treaties. The second, in the interwar period, saw states taught by norm entrepreneurs that multilateral organizations could successfully assist refugees, though states remained unwilling to provide blanket assistance and be bound by international law. These issues led to the failure of states to accommodate Jewish refugees fleeing from Germany in the 1930s. The third, since the Second World War, had a greater consistency among its norms, especially recognition by states of the need for international law. Once again, this process was shaped by other actors, including the United Nations High Commissioner for Refugees (UNHCR). This regime has been challenged by increased refugee numbers and restrictions on the part of states, but its central purpose remains robust due to the actions of actors such as the UNHCR.

This thesis combines ethnographic methods with feminist political analysis to examine Congolese young people’s decision-making roles in families, households, communities and policy spaces in Kampala and Kyaka II refugee settlement, Uganda. As refugees and young people, research subjects face many structural constraints. However, their diverse experiences defy homogenising discourses of marginality as an inherent, fixed characteristic. Instead, this thesis develops and applies a conceptual framework of political marginalisation as a dynamic process in multiple spaces. Research findings show that young people’s decision-making roles vis-à-vis resource distribution and division of labour are relational and contextual. Their multiple subject positions and relationships in overlapping networks affect differential decision-making roles. In particular, social age and gender are major axes of decision-making processes. Analyses of inter-linkages across patterns of relationships reveal that research subjects in peer networks and intergenerational household networks with independent resources have more decision-making opportunities at household, community and policy levels than their counterparts in intergenerational family networks. This contradicts assumptions that young people without their biological parents are inherently ‘marginalised’, and highlights the political importance of decision-making processes in perceived ‘private’ spaces, such as families and households. Structure and power relationships thus situate decision-making processes and affect available choices, but they cannot solely explain political roles and behaviour. This thesis also stresses the importance of agentic beliefs, intentions and aspirations. As actors in dynamic marginalisation processes, some young people attempt to access central spaces through education, remunerated formal employment and physical mobility. Others use marginal and transitional spaces to provide alternatives to the status quo. Such creativity and productivity occasion possibilities of political change. However, UNHCR’s protection and assistance responses do not facilitate these transformative processes because of their focus on perceived essentialist characteristics of monolithic ‘marginals’. This thesis offers an alternative approach that recognises refugee young people’s political agency, as well as the structural and power dynamics that constrain their decision-making opportunities.

This dissertation investigates regime-based efforts by states to cooperate in providing assistance and protection to refugees since 1648. It argues from a constructivist perspective that state interests and identities are shaped both by other actors in the international system - including norm entrepreneurs, non-governmental organizations, and international organizations - and by the broader normative environment. Refugees are a by-product of this environment. Fundamental institutions - including territoriality, popular sovereignty, and international law - formed a system in which exit was one of the few mechanisms of survival for those who were religiously and politically persecuted. This led states to recognize that people who were so persecuted were different from ordinary migrants and had a right to flee their own state and seek accommodation elsewhere. States recognized this right to leave, but did not recognize a requirement that any given state had a responsibility to accept these refugees. This contradiction creates a dilemma in international relations, one which states have sought to solve through international cooperation. The dissertation explores policy change within the United States and Great Britain at the international and domestic levels in order to understand the tensions within current refugee protection efforts. Three regimes, based in different normative understandings, have framed state cooperation. In the first, during the 19th century, refugees were granted protections under domestic and then bilateral law through extradition treaties. The second, in the interwar period, saw states taught by norm entrepreneurs that multilateral organizations could successfully assist refugees, though states remained unwilling to provide blanket assistance and be bound by international law. These issues led to the failure of states to accommodate Jewish refugees fleeing from Germany in the 1930s. The third, since the Second World War, had a greater consistency among its norms, especially recognition by states of the need for international law. Once again, this process was shaped by other actors, including the United Nations High Commissioner for Refugees (UNHCR). This regime has been challenged by increased refugee numbers and restrictions on the part of states, but its central purpose remains robust due to the actions of actors such as the UNHCR.