Anna Lise Purkey - Refugee Dignity in Protracted Exile: Rights, Capabilities and Legal Empowerment

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Refugee Dignity in Protracted Exile

This book investigates how effective human rights and the inherent dignity of refugees can be secured in situations of protracted exile and encampment. The book deploys an innovative human rights-based capabilities approach to address fundamental questions relating to law, power, governance, responsibility, and accountability in refugee camps.

Adopting an original theoretical framework, the author demonstrates that legal empowerment can change the distribution of power in a given refugee situation, facilitating the exercise of individual agency and assisting in the reform of the opportunity structure available to the individual. Thus, by helping to increase the capability of refugees to participate actively in the decisions that most affect their core rights and interests, participatory approaches to legal empowerment can also assist in securing other capabilities, ultimately ensuring that refugees are able to live dignified lives while in protracted exile.

Ultimately, the book demonstrates that legal empowerment of refugees can bring lasting benefits in establishing trust between refugees, the state, and local communities. It will be of interest to researchers within the fields of refugee studies, international law, development studies, and political science, as well as to policy-makers and practitioners working in the fields of refugee assistance and humanitarian intervention.

Anna Lise Purkey is Summer Course Director and Senior Research Associate at the Centre for Refugee Studies at York University, Toronto.

Routledge Studies in Development, Displacement and Resettlement

This series is concerned with the complex global issue of forced migration, from its causes and resulting implications to potential responses and solutions. With the numbers of forcibly displaced people around the world hitting record levels in recent years, including refugees, internally displaced persons and asylum seekers, this is an issue that affects not only those communities and countries that people are fleeing from, but also those they are fleeing to.

The series will explore the various mechanisms by which people undergo forced movement, such as war, conflict, environmental disaster, development projects, persecution, ecological degradation, famine, human trafficking and ethnic cleansing. It also seeks to promote a fuller understanding of the implications of forced displacement and how scholars, policy-makers, NGO advocates and those working in the field can collectively develop adequate responses.

Resettlement Policy in Large Development Projects

Edited by Ryo Fujikura and Mikiyasu Nakayama

Land Solutions for Climate Displacement

Edited by Scott Leckie

Development-Induced Displacement and Resettlement
New perspectives on persisting problems

Edited by Irge Satiroglu and Narae Choi

Global Implications of Development, Disasters and Climate Change
Responses to Displacement from Asia Pacific

Edited by Susanna Price and Jane Singer

Repairing Domestic Climate Displacement
The Peninsula Principles

Edited by Scott Leckie and Chris Huggins

Refugee Dignity in Protracted Exile
Rights, Capabilities and Legal Empowerment

Anna Lise Purkey

Refugee Dignity in Protracted Exile

Rights, Capabilities and Legal Empowerment

Anna Lise Purkey

First published 2020
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2020 Anna Lise Purkey

The right of Anna Lise Purkey to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested

ISBN: 978-0-367-34953-0 (hbk)
ISBN: 978-0-429-32895-4 (ebk)

Typeset in Goudy
by Apex CoVantage, LLC

For my family: mom (my editor par excellence), dad, Eva, and Andrew. Thank you for your willingness to read and edit drafts in your free time and to allow my research to take over dinner conversations. Above all, thank you for your unwavering love and support and for always helping me to remember what is really important in life. I could not ask for more.

Contents

CLEP	Commission on the Legal Empowerment of the Poor
CRRF	Comprehensive Refugee Response Framework
ExCom	UNHCRs Executive Committee
GCR	Global Compact on Refugees
HRCA	Human rights-based capabilities approach
HSJS	Host state justice system
ICARA	International Conference on Assistance to Refugees in Africa
ICCPR	International Covenant on Civil and Political Rights
ICESCR	International Covenant on Economic, Social and Cultural Rights
IDP	Internally displaced person
IRC	International Rescue Committee
LAC	Legal Assistance Centre project
OAU	Organization of African Unity
NGO	Non-governmental organization
PRS	Protracted refugee situation
RDRS	Refugee dispute resolution system
UDHR	Universal Declaration of Human Rights
UNDP	United Nations Development Programme
UNHCR	United Nations High Commissioner for Refugees

I would like to acknowledge the institutional support provided by McGill University and the generous funding that I received as a Tomlinson Doctoral Fellow and as the recipient of a doctoral scholarship from the Fonds de recherche du Qubec Socit et culture. I would also like to thank all of the people in Mae Sot, Thailand, who were willing to speak with me about their experience of justice in the camps for refugees from Myanmar/Burma in Thailand. In particular, I am grateful for the time and the assistance provided by the staff of the International Rescue Committees Legal Assistance Center project.

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