This open access book provides a state-of-the-field of the interactions between emerging national asylum governance systems and the 2018 United Nations Global Compact for Refugees (UN GCR). It provides a detailed examination of the relationship and compatibility between asylum governance and refugee protection and human rights, and the responsibilities for states and other implementing actors in cases of human rights violations.
This book analyses the characteristics and impacts of existing and emerging asylum governance instruments and their practical implementation in selected countries hosting large communities of refugees around the world. Particular focus is given to the cases of Bangladesh, Brazil, Canada, Jordan, Niger, Serbia, South Africa and Turkey. Attention is put into regional and country-specific asylum instruments and actors from the perspective of their effectiveness, fairness and consistency with refugee protection and human rights standards as well as the UN GCR commitments. By doing so, the book identifies key lessons learned and offers a critical view on policies framed as `promising practices' so as to inform future steps in the UN GCR implementation and asylum governance more generally. As such, the book provides a better understanding of the concept of mobility in asylum governance, and the ways in which it is articulated into legal and policy instruments framed as "protection" and - in the language of the UN GCR - third country solutions for refugee mobility, including resettlement, private/community sponsorships, humanitarian corridors, in the European Union and around the world.
1. Introduction: Asylum governance and the UN Global Compact on Refugees
(Sergio Carrera, Nikolas Feith Tan, Eleni Karageorgiou and Gamze Ovack).-
Part
1. Actors, Instruments and Standards.-
2. Actors and their Networks:
Scope for Adaptation to and Contestation of Global Norms for Refugee
Protection (Andrew Geddes, Leiza Brumat and Andrea Pettrachin).-
3. Inventory
and Typology of EU Arrangements with Third Countries (Nikolas Feith Tan).-
4.
Refugee and Human Rights Law Standards Applicable to Asylum Governance and
the Right of Asylum (Nikolas Feith Tan, Julia Kienast and Jens
Vedsted-Hansen).- Part
2. Refugee Recognition, Self-reliance and Labour
Rights.-
5. Status, Vulnerability and Rights: Bangladesh and Jordan (Sanjeeb
Hossain and Lewis Turner).-
6. Status, Vulnerability and Rights: Brazil
(Natalia Araujo).-
7. Status, Vulnerability and Rights: Canada (Roberto
Cortinovis and Andrew Fallone).-
8. Status, Vulnerability and Rights: South
Africa (Fatima Khan).-
9. Status, Vulnerability and Rights: Turkey (Ilke
Sanlier).- Part
3. Third Country Arrangements.-
10. Asylum for Containment
(Thomas Spijkerboer).-
11. Niger (Bachirou Ayouba Tinni and Abdoulaye
Hamadou).-
12. Serbia (Olga Djurovic and Rados Djurovic).-
13. Tunisia (Fatma
Raach and Hiba Shaath).-
14. Turkey (Gamze Ovack, Meltem neli-Cier, Orēun
Ulusoy and Thomas Spijkerboer).- 15.EU asylum governance actors - Serbia and
Tunisia (Julian Lehmann and Angeliki Dimitriadi).- Part
4. Responsibility
Allocation and Attribution.-
16. Responsibility Attribution and Fundamental
Rights Compatibility (Nikolas Feith Tan, Julia Kienast and Jens
Vedsted-Hansen).-
17. Legal Responsibility Attribution based on EU-Third
Country Arrangements (Gregor Noll, Eleni Karageorgiou and Gamze Ovack).
Sergio Carrera is Senior Research Fellow and Head of Justice and Home Affairs Programme at CEPS, Brussels, Belgium. Carrera was the Scientific Coordinator of the ASILE Project.
Eleni Karageorgiou is Senior Researcher in Public International Law at the Faculty of Law at Lund University. Prior to that, she held positions at the University of Gothenburg, School of Business, Economics and Law and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law.
Gamze Ovack is an O'Brien Human Rights Fellow in Residence at the Centre for Human Rights and Legal Pluralism at McGill University Faculty of Law and an Assistant Professor at Bakent University Faculty of Law. She held postdoctoral researcher positions at the University of Gothenburg Department of Law and McGill University Faculty of Law.
Nikolas Feith Tan is a senior lecturer at Melbourne Law School where he researches in the field of international refugee law. Previously, he was Senior Researcher at the Danish Institute for Human Rights in Copenhagen. Nikolas is visiting professor at the MOBILE Centre, University of Copenhagen, and senior research affiliate at the University of London's Refugee Law Initiative. Nikolas has acted as legal consultant for Amnesty International, the Danish Refugee Council and UNHCR.
