Rights in Exile

Guglielmo Verdirame is a Lecturer in Law at the University of Cambridge and a Fellow of Corpus Christi College. He is also the author of a forthcoming book on the accountability of the United Nations.

“[the authors] are refreshingly open about their lack of objectivity and bias towards the interests of the refugees, and Rights in Exile is stronger as a result, their clear identification with their subjects having produced some fascinating interview material, which forms the bulk of the book.” • Journal of the Royal Anthropological Institute“The greatest strength of Rights in Exile is clearly its combination of hard data accompanied by stinging critique… Rights in Exile should be read by scholars, advocates and policy analysts for its revealing look at the unsettling shortcomings of refugee protection services and the real-life consequences of encampment in two African states.” • Journal of Refugee Law“This book has a… disregard for orthodoxies and sacred cows. It is harsh, for example, on the role of many NGOs in delivering assistance - and failing to protect the rights of refugees… More obviously, the UNHCR's reinterpretation of its own mandate - away from refugee protection, towards "humanitarian assistance" - is exposed as a betrayal of the whole purpose of the international refugee regime.” • Richard Carver, Pambazuka News“Detailed, direct and at times passionate, this book should be required reading for anyone who wants to know what is really happening to refugee protection. It should also require a response.” • Journal of Refugee Studies“Brace yourself. This is a painful book. Not only is the information in it extremely distressing, the main targets of its critique are the 'good guys.' The central argument is that the international and humanitarian organisations that are in charge of looking after refugees are responsible for extensive and avoidable violations of the rights of those dependent upon them.” • From the Foreword

• ForewordJustice Albie SachsPrefaceAcknowledgementsList of AbbreviationsIntroductionThe settingMain movements of refugees into Kenya and UgandaAims and objectives of the researchAssumptions underlying the researchResearch methodsMain findingsA research and advocacy agenda for the futureChapter 1. Refugee Law and Policy in Kenya and UgandaIntroductionThe Legal Framework in KenyaThe Legal Framework in UgandaRefugee policy in KenyaRefugee policy in UgandaRefugee law-making in fits and startsConclusionChapter 2. Getting InIntroductionThe influence of donor countriesThe OAU Convention and group recognitionAdmission: standards and proceduresLegal hurdles to admissionOrdeals of arrivalNew arrivals and local peopleConclusionChapter 3. Status-Determination Procedures: ‘… and when you go to UNHCR, pray’IntroductionProcedural standards in status determinationWho is in charge?The role of NGOsConfidentialityInterpretersAdvocacyStandards of evidenceDecisionsExclusionCessationConclusionChapter 4. Civil and Political RightsIntroductionNon-discriminationRight to LifeFreedom from torture and from cruel, inhuman, or degrading treatment or punishmentFreedom from slavery and forced labourLiberty and security of the personFreedom of movementAccess to courts and right to fair trialPrivacy and family lifeFreedom of expression, thought, conscience and religion, and freedom of assembly and associationConclusionChapter 5. Economic, Social, and Cultural RightsIntroductionEmploymentAn adequate standard of livingThe highest attainable standard of physical and mental healthEducationCultural rightsConclusionChapter 6. Refugee Protection: What Is Going Wrong? IntroductionHost countriesDonor countriesResettlementUNHCRNGOsConclusionConclusionsBibliographyIndex