The Politics of Transgender Asylum and Detention

2019 ◽  
Vol 12 (3) ◽  
pp. 1-16 ◽  
Author(s):  
Debanuj DasGupta
Keyword(s):  
National Security ◽  
Asylum Seekers ◽  
The Body ◽  
Immigration Law ◽  
Detention Centers ◽  
Gender Binary ◽  
Oppositional Politics ◽  
Security Procedures

Immigration procedures related to asylum and detention are based on sex/gender binaries. Such binaries frame the bodies of undocumented transgender asylum seekers as unintelligible to immigration law and subject them to intense trauma. The experiences of trauma and death of transgender detainees within detention centers is a spatialized experience. The assignment of detention cells based on birth gender, denial of hormones and live saving treatments constitute a racialized and gendered torture upon the body of the transgender detainee. The article attends to the narratives of transgender detainees within detention cell by analyzing the script of “ Tara's Crossing,” a play based on the narratives of transgender detainees and asylum seekers. The play was produced by LGBTQ immigrant right activists soon after the attacks on 9/11 and the intensification of detention and deportation as a part of national security procedures. Drawing upon the script of Tara's Crossing, along with activist archives such as flyers, newsletter articles, and radio interviews of Balmitra Vimal Prasad, the protagonist of the play, the article analyzes the ways in which the sex/gender binary is reiterated within the detention cell, as well as asylum procedures. I turn to the activism around Tara's Crossing and the present-day activism of transgender immigrants in order to show how trauma experienced by transgender detainees holds potential for creating coalitional oppositional politics.

scholarly journals Khlaifia and Others v. Italy

2018 ◽  
Vol 112 (2) ◽  
pp. 274-280
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
Individual Rights ◽  
Detention Centers ◽  
European Court ◽  
Grand Chamber ◽  
The Individual ◽  
The Arab Spring ◽  
Domestic Law

In Khlaifia and Others v. Italy, the Grand Chamber of the European Court of Human Rights (Grand Chamber or Court) released a landmark opinion with broad implications for how states must respect the individual rights of migrants. In the judgment, issued on December 15, 2016, the Court held that Italy's treatment of migrants after the Arab Spring violated the requirement of the European Convention on Human Rights (ECHR) that migrants receive procedural guarantees that enable them to challenge their detention and expulsion. The Court also held that Italy's treatment of migrants in detention centers did not violate the ECHR's prohibition on cruel and inhuman treatment, in part due to the emergency circumstances involved. The Court further held that Italy's return of migrants to Tunisia did not violate the prohibition on collective expulsion in Article 4 of Protocol 4 of the ECHR. Enforcement of the judgment would require many European states to provide a clear basis in domestic law for the detention of migrants and asylum-seekers. Given the global diffusion of state practices involving migrants, and other states’ desires to restrict migration, this case has broad implications for delineating the obligations of states to migrants and the rights of migrants within receiving countries.

scholarly journals THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM

2018 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Anindito Rizki Wiraputra
Keyword(s):  
Foreign Policy ◽  
Legal System ◽  
Asylum Seekers ◽  
Immigration Law ◽  
Policy Perspective ◽  
Law System ◽  
Presidential Decree ◽  
The Subject ◽  
Handling Methods ◽  
Definition Of

Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967,  issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of  foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming  to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the  subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize  subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of  Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system,  refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different  handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different  understanding in immigration and foreign policy perspective on Refugee subject.   

scholarly journals Mohajer (camp-e-forsat)

2019 ◽  
Vol 3 (02) ◽  
pp. e2697
Author(s):  
Anna Knappe ◽  
Amir Jan ◽  
Laura Böök
Keyword(s):  
Asylum Seeker ◽  
Asylum Seekers ◽  
Remote Areas ◽  
Detention Centers ◽  
The People ◽  
The World ◽  
Loan Word ◽  
Umbilical Cords ◽  
Asylum Seekers And Refugees

Mohajer (camp-e-forsat) was filmed in Forssa asylum seeker reception center in Finland, together with a recently arrived group of Hazara asylum seekers from Afghanistan. In Mohajer (camp-e-forsat) the people who are labeled as asylum seekers and refugees, redefine themselves with the word mohajer. Mohajer is a loan word from Arabic, and in Persian it means anyone or anything migrating from one place to another.  A camp is a place where mohajers live in a state of waiting. Mohajers are asylum seekers, refugees, and other migrants in precarious situations and their camps are reception centers, detention centers, and temporary shelters. Camps are often located in remote areas, effectively isolating the individuals living in them. They are facilities for storing humans, full of invisible walls, and windows to remind people that the world they can see through them is out of their reach. Cobra: “When someone asks me where I’m from, I say I’m from Afghanistan, but I’ve never been there. Mohajer means not belonging anywhere, not where you are and not where you’re from or your parents are from. My husband says that we’re born mohajers. There is no other name for us. When they ask your name, you should say your name is mohajer. Our umbilical cords are cut with the word mohajer. Even in hospitals, when a new Afghan child is born, they say a new mohajer was born. They don’t say this woman’s child was born, they say one Afghan mohajer was born. Those two words, Afghan and mohajer, are attached together, it’s always Afghan mohajer. Then many who have migrated, try to detach themselves from the word mohajer. But in a new country, you’re still a mohajer.”

scholarly journals Seeking asylum in the digital era: social-media and mobile-device vetting in asylum procedures in five European countries

2020 ◽  
Author(s):  
Maarten P Bolhuis ◽  
Joris van Wijk
Keyword(s):  
Social Media ◽  
National Security ◽  
Asylum Seekers ◽  
Private Life ◽  
New Methods ◽  
Digital Era ◽  
Use Of Social Media ◽  
The Right ◽  
Social Sorting ◽  
Tools And Methods

Abstract The increasing use of social media and mobile devices by asylum seekers offers new vetting opportunities for immigration authorities, to verify the identity or to assess national-security or 1F-exclusion aspects. Based on interviews with practitioners in Belgium, Germany, the Netherlands, Norway and Sweden, the first experiences with both of these new methods seem to be mixed, while formal evaluations of the results seem to be lacking. We argue that the increasing reliance on these methods, in combination with the further advancement of technology, raises important questions about possible infringements on the right to private life, as well as the risk of function creep and social sorting. It can be questioned to what extent the use of these new vetting tools and methods is proportional to the results they produce and to what extent fundamental human rights, including privacy, are sufficiently safeguarded.

The Truth from the Body: Medical Certificates as Ultimate Evidence for Asylum Seekers

2005 ◽  
Vol 107 (4) ◽  
pp. 597-608 ◽  
Author(s):  
DIDIER FASSIN ◽  
ESTELLE D'HALLUIN
Keyword(s):  
Asylum Seekers ◽  
The Body

Narrative integration of identity following trauma Life-stories of immigrants granted asylum in Australia following prolonged detention

2016 ◽  
Vol 26 (1) ◽  
pp. 88-107 ◽  
Author(s):  
Andrew J. Witney ◽  
Glen Bates
Keyword(s):  
Thematic Analysis ◽  
Asylum Seekers ◽  
Traumatic Event ◽  
Traumatic Experiences ◽  
Structured Interviews ◽  
Detention Centers ◽  
Proposed Model ◽  
Therapeutic Context ◽  
Robust Integration ◽  
Different Levels

Drawing on narrative theories of personality this study proposed a model of narrative integration to explain how traumatic experiences are incorporated within the self-construct. A qualitative design was employed, using semi-structured interviews and thematic analysis of interview data. The sample included former asylum-seekers now living in Australia after spending two years or more in mandatory detention centers. Ten males aged between 19 and 51 recalled their experiences of mandatory detention within the context of their lives. Findings supported the use of the proposed model of narrative integration for understanding trauma associated with mandatory detention. Thematic analysis revealed disturbances to people’s narratives as a result of detention, with attempts to adapt to narrative disturbance adhering to constructs outlined in the model. Three groups representing different levels of narrative integration were identified using the model, including: robust integration, limited integration, and fragmentation. This study extended the narrative approach by offering a conceptual framework for assessing narrative integration following a traumatic event. Findings suggest scope for further research applying the model of narrative integration to other trauma populations, and exploring the utility of the model in a therapeutic context.

scholarly journals Dilema Tata Kelola Pengungsi Global: Penanganan Illegal Maritime Arrivals (IMA) di Australia

2020 ◽  
Vol 3 (2) ◽  
pp. 207-228
Author(s):  
Skolastika Genapang Maing
Keyword(s):  
Qualitative Methods ◽  
National Security ◽  
Asylum Seekers ◽  
Secondary Data ◽  
Data Sources ◽  
National Interests ◽  
Boat People ◽  
Secondary Data Sources ◽  
Refugees And Asylum Seekers

Australia as one of the countries that signed the Convention of Refugee 1951 has an obligation to apply principle of non-refoulement in the handling of refugees and asylum seekers entering its territory. However, the issue of national security and domestic turmoil caused Australia to continue use restrictive policies in dealing with refugees and asylum seekers, especially those who came by the sea (boat people) and did not have official documents. They are called Illegal Maritime Arrivals (IMA). Giving the term “illegal” causes no distinction between IMA and smuggling/trafficking criminals. This paper aims to explain the existence of dilemma in the management of refugees especially in Australia in handling IMA. This research uses qualitative methods with secondary data sources from books, journals, articles and other sources related to the problem being studied. By using the concept of securitization approach in the paradigm of constructivism, this paper argue that the restrictive policies adopted by Australia as a form of protection of national interests. Australia experiences a dilemma in applying the principle of non-refoulement and protecting its national interests. This is challenge in the management of global refugees.

scholarly journals Australian immigration detention and the silencing of practitioners

2018 ◽  
Vol 27 (3) ◽  
Author(s):  
April Pearman ◽  
Stephanie Olinga-Shannon
Keyword(s):  
Political Parties ◽  
National Security ◽  
Asylum Seekers ◽  
Election Campaign ◽  
Security Risk ◽  
Australian Government ◽  
Immigration Detention

In recent years, the Australian Government has framed the arrival of asylum seekers by boat as a national security risk and the policy of stopping ‘unauthorised maritime arrivals’ has been used extensively byvarious political parties in their election campaign platforms (Phillips, 2017). Click on the pdf to read more.

scholarly journals Manufacturing “Terrorists”: Refugees, National Security, and Canadian Law

Refuge ◽  
2000 ◽  
pp. 54-73 ◽  
Author(s):  
Sharryn J. Aiken
Keyword(s):  
National Security ◽  
Immigration Law ◽  
International Humanitarian Law ◽  
Refugee Policy ◽  
Humanitarian Law ◽  
Current Policy ◽  
Canadian Law ◽  
Canadian Immigration ◽  
The Impact

In the first part of a two-part article, the author critically evaluates the anti-terrorism provisions of Canada’s Immigration Act. The impact of these provisions on refugees is the focus of the essay, but her observations are relevant to the situation of other categories of non-citizens as well. The inquiry begins by considering international efforts to address “terrorism,” the relevance of international humanitarian law to an assessment of acts of “terror,” and the nature of contemporary discourse on “terrorism.” Next, the evolution of the current admissibility provisions in Canadian immigration law, with particular reference to refugee policy and national security, is reviewed. A brief discussion of current policy directions concludes part 1.

Trans-Affirmative Parenting

2020 ◽  
Author(s):  
Elizabeth Rahilly
Keyword(s):  
Meaning Making ◽  
Gender And Sexuality ◽  
The Body ◽  
Child Rearing ◽  
Gender Binary ◽  
Depth Interview ◽  
Child Centered ◽  
Cultural Visibility ◽  
And Gender ◽  
The Life Course

In a world that is responding to ever-changing ideas and expressions of gender, this book adds new insights on transgender children and the parents who support them. Drawing on in-depth interview data with more than fifty parents, the book examines parents’ shifting understandings of their children’s gender and how they come to help their children make sense of their identities and their bodies. Throughout these processes, the book shows that parents’ meaning-making and decision-making often challenge LGBT rights discourses, as well as queer political tenets, in unexpected ways. These dynamics surface in three key areas: (1) gender and sexuality, (2) the gender binary, and (3) the body. Throughout parents’ understandings, gender identity and sexual orientation do not always present as radically separate aspects of the self, but are more fluid and open to reconsideration, given new cultural contexts, opportunities, and phases of the life course. And despite increasing cultural visibility around nonbinary identities, “gender-expansive” child-rearing often looks, fundamentally, very binary and gender-stereotypical, per the children’s own assertions and expressions. Lastly, parents often utilize highly medicalized understandings of transgender embodiment, which nevertheless resonate with some children’s sensibilities. Altogether, these families depart from conventional understandings of gender, sexuality, and the binary, but in ways that prioritize child-centered shifts, meanings, and parenting models, not necessarily LGBTQ politics or paradigms. This marks new ground for understanding the mechanisms and parameters of the (trans)gender change afoot.

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