Frontier Justice: Legal Aid and UNHCR Refugee Status Determination in Egypt

Abstract

Where UNHCR conducts refugee status determination (RSD), its reactions to legal aid for asylum-seekers have been mixed. Statistical evidence collected from Egypt in 2002 indicates a correlation between receiving some form of legal aid service and an asylum-seeker's increased chances of gaining refugee protection from UNHCR. Unconventional forms of legal aid, including limited services by supervised nonlawyers (including volunteers from the refugee community) showed a positive impact on first instance cases, while traditional legal aid models showed an impact at the appeal stage. Legal aid should form an essential part of UNHCR's RSD procedures, and NGOs should work to expand both traditional and innovative forms of legal aid for asylum-seekers.

Governing through Uncertainty: Experiences of Being a Refugee in Turkey as a Country for Temporary Asylum

“…Yet the asylum system is increasingly being shaped by an agenda of establishing the certainty and authenticity of asylum claims. As a consequence, these nuanced differences in representing persecution and trauma often result in labeling the claimant as 'non-credible', the foremost reason for rejecting asylum cases in many different countries (Kagan 2002). In other words, during asylum interviews there is little room for recognizing that migration biographies and 'true' stories of a lifetime are uneven, multi-directional, full of conflicts and contradictions, and hence difficult to sort out and make credible (Hess 2012;Norman 2006).…”

What Happens to Law in a Refugee Camp?

“…In another announcement about registration issues posted in 2003, the UNHCR‐Ghana (2003b) framed the matter as an “error” and exhorted people to correct their mistakes or “it will raise questions of credibility and honesty that could effect your ability to benefit from … UNHCR services.” The announcement concluded by stating, “If you fail to correct these errors now, it will cause you problems in the future for which you will have only yourself to blame.” But over time, the UNHCR became increasingly punitive in their response to refugee noncompliance, and these measures became increasingly reliant on legal institutions like the host police. This pattern is not limited to Buduburam, but reflects a common shift over time during protracted crises—a pattern of rising mistrust that weakens the relationships between the UNHCR and refugees (Daniel & Knudsen ) and refugee status determination practices more broadly (Alexander ; Cameron ; Kagan ).…”

“…But over time, the UNHCR became increasingly punitive in their response to refugee noncompliance, and these measures became increasingly reliant on legal institutions like the host police. This pattern is not limited to Buduburam, but reflects a common shift over time during protracted crises-a pattern of rising mistrust that weakens the relationships between the UNHCR and refugees (Daniel & Knudsen 1995) and refugee status determination practices more broadly (Alexander 1999;Cameron 2010;Kagan 2006).…”

“…To enact this legal mandate, the regime includes international agencies lead by the UNHCR with the World Food Program, International Organization for Migration, and enumerable nongovernment organizations (e.g., Oxfam) to work alongside or as subcontractors for the UNHCR. None of these institutions have punitive enforcement mechanisms, but the UNHCR possesses significant persuasive power by virtue of its funding, public relations campaigns, and expertise; it often acts as a surrogate state administering social services, migration programs, or infrastructure in camps (Kagan ; Slaughter & Crisp ).…”

Conflict Zones of the Middle East: New Challenges in Search for Durable Solutions for the Arab Refugees

“…However, these organizations have no enforcement method or powers, they can only support UNHCR. The UNHCR tries its best to compensate the state services, migration programs, or infrastructure in their refugee camps(Kagan, 2006;Slaughter & Crisp, 2008). However, the sad fact is that today not all those people in that particular time of history.…”