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The Post-Colonial Refugee, Dublin II, and the End of Non-Refoulement

The Post-Colonial Refugee, Dublin II, and the End of Non-Refoulement Refugee law has been variously conceptualised. Sometimes, as a humanitarian enterprise. Sometimes, as an extension of foreign policy relations based on national self-interests. But can it be better rationalised as a post-colonial enterprise? Does its treatment of Arabs, Afghans and others from the Middle East and North Africa – who are the major consumers of modern refugee law today – tell us something about refugee law? Does it serve to essentialise refugees as the ‘Others’ of the West? If so, can we conceive of a post-colonial refugee? Is modern refugee law an exercise in ‘post-colonialism’, which can be defined as a cultural critique that is opposed to imperialism and Eurocentrism? This essay explores this question through an analysis of the Dublin II Regulation system. This system limits the number of asylum-seekers entering the countries of the European Union. Recent cases confirm that even powerful evidence of individual risk is of no avail and serves as no bar to an asylum-seeker being removed from one European country to another, from where he or she risks being refouled to his/her own country, where he/she may be subjected to inhuman and degrading treatment. This essay tells that story. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal on Minority and Group Rights Brill

The Post-Colonial Refugee, Dublin II, and the End of Non-Refoulement

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References (1)

Publisher
Brill
Copyright
© 2013 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1385-4879
eISSN
1571-8115
DOI
10.1163/15718115-02002010
Publisher site
See Article on Publisher Site

Abstract

Refugee law has been variously conceptualised. Sometimes, as a humanitarian enterprise. Sometimes, as an extension of foreign policy relations based on national self-interests. But can it be better rationalised as a post-colonial enterprise? Does its treatment of Arabs, Afghans and others from the Middle East and North Africa – who are the major consumers of modern refugee law today – tell us something about refugee law? Does it serve to essentialise refugees as the ‘Others’ of the West? If so, can we conceive of a post-colonial refugee? Is modern refugee law an exercise in ‘post-colonialism’, which can be defined as a cultural critique that is opposed to imperialism and Eurocentrism? This essay explores this question through an analysis of the Dublin II Regulation system. This system limits the number of asylum-seekers entering the countries of the European Union. Recent cases confirm that even powerful evidence of individual risk is of no avail and serves as no bar to an asylum-seeker being removed from one European country to another, from where he or she risks being refouled to his/her own country, where he/she may be subjected to inhuman and degrading treatment. This essay tells that story.

Journal

International Journal on Minority and Group Rights – Brill

Published: Jan 1, 2013

Keywords: post-colonialism; post-colonial refugee; human rights; non-refoulement; Dublin II Regulation; Charter of Fundamental Rights; Council Directive 2004/83/EC; M.S.S. v. Belgium and Greece ; N.S. v. Secretary of State for the Home Department

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