REVIEW: GOVERNING REFUGEES. JUSTICE, ORDER AND LEGAL PLURALISM (original) (raw)
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Based on qualitative interviews conducted between 2008 and 2012 with Burmese forced migrants in Thailand, this study focuses on the practice of protection and management within long-stay refugee camps. Beyond official refugee status deter- mination, the everyday interactions between authority-types and forced migrant subjects affirm or challenge notions of who gets to be considered a refugee and who is entitled to humanitarian protection. This article considers authorities as ‘street-level bureaucrats’, who rely on institutional power and resources as they wield discretion to interpret camp policy and Thai law in ways that reflect percep- tions of Burmese migrants as criminal and deviant. At the same time, this study shows that forced migrants develop strategies to survive this context and assert their claims to rights and their own notion of what it means to be a refugee; pointing to ways protection can be enhanced in such protracted situations.
Fears that ‘refugee warriors’ will use refugee camps as a base for military operations, exploit a wider refugee population, or misuse international aid have led to the development of policies intended to ensure the separation of combatants and civilian refugee populations. However, a dogmatic approach to that policy goal may miss the true complexity of both refugee protection and the relationships between a refugee population and a military group. This article examines an alternative possibility, that a non-state armed group may be a potential partner in refugee protection and welfare promotion. It draws on the experiences of refugees from Burma living in camps in Thailand, where there has been a long-standing connection between camp governance structures and a political/military organization movement, the Karen National Union/Karen National Liberation Army. While camp governance activities have been flawed, they have also displayed a high level of integrity. It is argued that in such a situation, where there is a proven record of working to improve civilian welfare, international organizations might usefully explore possibilities of engagement with non-state armed groups as partners in refugee protection, with the specific goal of encouraging a more representative, accountable, and democratic approach to governance.
Refugees from Burma: The Karen
(Excerpt) The people of Burma, in Southeast Asia, (now known as Myanmar) have been victims of a sixty year civil war. One ethnic group in particular, the Karen, are of interest and will be the main focus of this paper. Fuertes (2010) points out the country of Burma was renamed Myanmar, however the Karen choose not to use this name as it lends credibility to the Burmese army who were responsible for renaming the country, as well as other cities within Burma . The Karen people have been fighting against the Burmese Army in an attempt to get their country back and thousands of lives have been lost. Approximately 150 to 200 years ago there was fighting among the Burmese and the British Army. The Karen people felt they could trust the British and had confidence the British Empire would assist their country in separating from Burma (Kenny and Lockwood-Kenny, 2011). The Karen people formed the Karen National Union (KNU) and acted as a de facto government. The native Burmese army pushed the Karen people into the hills of Burma during the 1970’s and 1980’s. Kenny and Lockwood-Kenny (2011) report there have been numerous human rights offenses against the Karen people, continuing today.
Human Security of Karen Refugees in Thailand
This article examines human security conditions of Karen refugees in the Thai-Burma border using the seven pillars of human security defined in the 1994 UNDP Human Development Report as its conceptual framework. It focuses on one of the smallest camps along the border, Ban Dong Yang (BDY). A brief historical background describes how BDY camp originated, the geographical challenges BDY residents face, and how this affects Karen refugees' human security. Detailed empirical data collected in 2013-4 presents evidence on how BDY residents have coped with limited environments and resources through interactions with external service providers, and how they have developed their agency over the years. We conclude that international funds for Burma should be invested in community-based education across the Thai-Burma border, especially upper-level tertiary education, as the solution for helping this vulnerable migrant group escape from dire human security conditions. Karen refugees are birds inside a cage that get fed on a regular basis but are not able to fly… Many do not even know what it means to fly. (Fuertes, 2010) When NGOs come, they come with their own agendas whether it's religion, human rights, education, gender-based violence, or psycho-social plays. We have very limited access. We need to receive whatever we can. (Former Karen refugee working in Thailand)