NEW REGIONALISM AND ASYLUM SEEKERS KNEEBONE-Pi-243.qxd:KNEEBONE-Pi-243.qxd 10/4/07 11:32 AM Page ii STUDIES IN FORCED MIGRATION General Editors: Roger Zetter and Jo Boyden Volume 1 Volume 12 A Tamil Asylum Diaspora: Sri Lankan Crossing the Aegean: An Appraisal of Migration, Settlement and Politics in the 1923 Compulsory Population Switzerland Exchange between Greece and Turkey Christopher McDowell Edited by Renée Hirschon Volume 2 Volume 13 Understanding Impoverishment: The Refugees and the Transformation of Consequences of Development-Induced Societies: Agency, Policies, Ethics and Displacement Politics Edited by Christopher McDowell Edited by Philomena Essed, Georg Volume 3 Frerks and Joke Schrijvers Losing Place: Refugee Populations and Volume 14 Rural Transformations in East Africa Children and Youth on the Front Line: Johnathan B. Bascom Ethnography, Armed Conflict and Volume 4 Displacement The End of the Refugee Cycle? Refugee Edited by Jo Boyden and Joanna de Repatriation and Reconstruction Berry Edited by Richard Black and Khalid Volume 15 Koser Religion and Nation: Iranian Local and Volume 5 Transnational Networks in Britain Engendering Forced Migration: Theory Kathryn Spellman and Practice Volume 16 Edited by Doreen Indra Children of Palestine: Experiencing Forced Volume 6 Migration in the Middle East Refugee Policy in Sudan, 1967–1984 Dawn Chatty and Gillian Lewando Hundt Ahmed Karadawi Volume 17 Volume 7 Rights in Exile: Janus-Faced Humanitarianism Psychosocial Wellness of Refugees: Guglielmo Verdirame and Barbara Harrell- Issues in Qualitative and Quantitative Bond Research Volume 18 Edited by Frederick L. Ahearn, Jr. Development-induced Displacement: Problems, Volume 8 Policies and People Fear in Bongoland: Burundi Refugees in Chris de Wet Urban Tanzania Volume 19 Marc Sommers Transnational Nomads: How Somalis Cope Volume 9 with Refugee Life in the Dadaab Camps of Whatever Happened to Asylum in Kenya Britain? A Tale of Two Walls Cindy Horst Louise Pirouet Volume 20 Volume 10 New Regionalism and Asylum Seekers: Conservation and Mobile Indigenous Challenges Ahead Peoples: Displacement, Forced Susan Kneebone and Felicity Rawlings- Settlement and Sustainable Sanei Development Volume 21 Edited by Dawn Chatty and Marcus (Re)constructing Armenia in Lebanon and Colchester Syria: Ethno-Cultural Diversity and the State Volume 11 in the Aftermath of a Refugee Crisis Tibetans in Nepal: The Dynamics of Nicola Migliorino International Assistance among a Community in Exile Anne Frechette New Regionalism and Asylum Seekers CHALLENGES AHEAD Edited by Susan Kneebone and Felicity Rawlings-Sanaei Berghahn Books NEW YORK • OXFORD KNEEBONE-Pi-243.qxd:KNEEBONE-Pi-243.qxd 10/4/07 11:25 AM Page iv First published in 2007 by Berghahn Books www.berghahnbooks.com ©2007 Susan Kneebone and Felicity Rawlings-Sanaei All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this book may be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system now known or to be invented, without written permission of the publisher. Library of Congress Cataloging-in-Publication Data New regionalism and asylum seekers : challenges ahead / edited by Susan Kneebone and Felicity Rawlings-Sanaei. p. cm. -- (Studies in forced migration ; v. 21) Includes bibliographical references and index. ISBN 978-1-84545-344-2 (hardback : alk. paper) 1. Political refugees. 2. Regionalism. I. Kneebone, Susan. II. Rawlings- Sanaei, Felicity. HV640.N48 2007 362.87'561--dc22 2007040042 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Printed in the United States on acid-free paper. ISBN 978-1-84545-344-2 (hardback) Contents List of Tables viii List of Contributors ix Acknowledgements xi Introduction: Regionalism as a Response to a Global Challenge 1 Susan Kneebone and Felicity Rawlings-Sanaei Old regionalism: development of the international refugee protection system The 1969 Organisation of African Unity Convention The Cartagena Declaration The Comprehensive Plan of Action New Regionalism: UNHCR’s Convention Plus and Agenda for Protection 1 The Migration–Asylum Nexus and Regional Approaches 25 Stephen Castles Introduction What is the migration–asylum nexus? Notes for a political economy of forced migration Regional responses Conclusion 2 Strategies, Stories and Smuggling: Inter-regional Asylum Flows and Their Implications for Regional Responses 43 Khalid Koser Introduction Methodology The impact of asylum and immigration policies and procedures The role of social networks The growing significance of smuggling Implications of regional responses 3 Forced Migration, Engineered Regionalism and Justice between States 57 Matthew J. Gibney Introduction History The need for justice amongst states The commodification objection Conclusion 4 The Europeanization of Refugee Policy 79 Joanne van Selm Introduction What do we mean by Europe? How does Europe relate to the Refugees Convention refugee ‘policy regime’? What distinctions are there in national refugee policies across Europe? The European level: a Europeanized refugee policy? The future: a Europeanized refugee policy? Conclusion 5 Europeanization of Citizenship and Asylum Policy: a Case Study of the U.K. 111 Nazila Ghanea Introduction EU policies on free movement, citizenship and nationality: the 1992 Maastricht Treaty and 1997 Amsterdam Treaty Free movement, citizenship, nationality and the development of EU asylum policy EU laws and policies and the impact of such on the situation of asylum in the U.K. 6 North American Responses: a Comparative Study of U.S. and Canadian Refugee Policy 137 François Crepéau and Stephen H. Legomsky Introduction The Canadian refugee process The United States refugee process Canada–U.S. cooperation on immigration and border control issues Conclusion 7 Australia, Indonesia and the Pacific Plan 167 Susan Kneebone and Sharon Pickering Introduction Australia’s refugee policy: from the CPAto Tampa Indonesia and the Pacific Strategy Protection under the Pacific Strategy Conclusion 8 New Regionalisms, New Migrations and New Regulations in Africa: Asylum Seekers, Diasporas and Development at the Start of a New Century 189 Timothy M. Shaw Introduction Migrations and globalizations in Africa Migrations and the ‘new’Africas ‘New’regionalisms and contemporary migration Towards ‘new’African regime(s) for migration at the start of the twenty-first century? New security dilemmas Implications for analysis and policy 9 Regionalism, Human Rights and Forced Migration 207 Colin Harvey Introduction International refugee law and human rights protection Global, regional and national interactions Conclusion 10 Conclusion: Challenges Ahead 221 Susan Kneebone Index 231 List of Tables 1.1 Stock of international migrants by major area 1960–2000 31 2.1 Profile of the respondents 46 2.2 Percentage of asylum seekers granted refugee or equivalent status in the EU 15 (2000–02) 47 2.3 Knowledge about immigration and asylum policies and practices upon arrival, by national group 49 2.4 Respondents with family and friends already in the U.K. 51 3.1 The top ten refugee-hosting countries, 2000 65 List of Contributors Stephen Castles, DPhil. is Professor of Migration and Refugee Studies and Director of the Refugee Studies Centre, University of Oxford. François Crépeau, Ph.D. is Professor and Canada Research Chair in International Migration Law and Scientific Director of the Centre for International Studies at the University of Montreal. Jeffrey Crisp, Ph.D. is Director of Policy and Research at the Global Commission on International Migration, Geneva. Nazila Ghanea, Ph.D.is Senior Lecturer in International Law and Human Rights at the Institute of Commonwealth Studies, University of London. Matthew J. Gibney, Ph.D. is University Lecturer in Forced Migration, Refugee Studies Centre, University of Oxford. Colin Harvey, Ph.D. is Professor of Human Rights Law, School of Law, Queen’s University Belfast and Director of the Human Rights Centre. Susan Kneebone, Ph.D. is Associate Professor, Faculty of Law, Monash University and a member of the Castan Centre for Human Rights Law, Faculty of Law, Monash University. Khalid Koser, Ph.D. is Lecturer in Human Geography at University College London and a Senior Policy Analyst at the Global Commission on International Migration, Geneva. Stephen H. Legomsky, Ph.D. is Charles F. Nagel Professor of International and Comparative Law, Washington University, St Louis, U.S.A. Sharon Pickering, Ph.D. is Senior Lecturer in Criminal Justice and Criminology at the School of Social and Political Enquiry, Faculty of Arts, Monash University.