The right and role of critiquing the contemporary patchwork of protection

The 70th anniversary of the 1951 Geneva Convention has been marked by a flurry powerful academic critiques Convention's colonial and Eurocentric roots, its “intentional” exclusion (Mayblin, 2014) certain refugees regions (i.e. see Krause, 2021; White, longer-standing include Chimni, 1998). Equally, characterized ongoing flagrant violation fundamental legal principles states across global North South alike. At time when refugees’ rights to protection continue be undermined, it becomes urgent ask: what is role critique? Does critique risk undermining existing framework, thereby potentially leaving people with fewer rights? Or, contrary, does provide an avenue bring into fruition more equitable meaningful practices, hopeful vision in 21st century? lens – geared towards close analysis complementing critical knowledge production modes action offers important entry point understanding how evolved over past 70 years, also ways that different institutions ranging from asylum seekers refugees, members civil society, UN High Commissioners have sought expand hold international system account. In this regard, includes, but no way restricted Convention, and, indeed, while nature are essential, frameworks systems plural not solely developed implemented so-called North, as I argued my work on multi-scalar Southern-led responses displacement (Fiddian-Qasmiyeh, 2015, 2016, 2018, 2019, 2020; Fiddian-Qasmiyeh & Pacitto, 2015).1 With reference productive force critique, recognition historical geographical limitations of, many gaps (Fiddian-Qasmiyeh et al., 2020), created drafters led around world develop complementary regional frameworks. Instead rejecting cumulative expansion refugee definition: OAU’s 1969 Governing Specific Aspects Refugee Problems Africa expanded definition, turn, 1984 Cartagena Declaration Refugees Central America OAU definition. feminist queer cumulatively interpretation originally androcentric heteronormative leading development key guidelines jurisprudence. This meant gender-based persecution claims based linked sexuality gender identity increasingly legible decision makers (although, again, critiqued2). process demonstrated roles lawyers, scholars society movements both critiquing normative acting spirit body framework These expansive definitions accompanied UNHCR’s mandate assistance internally displaced prevent reduce statelessness3; clarification Palestinians outside UNRWA’s areas operation eligible apply for under Convention; extension first re IDPs, Kampala arguably join together form tighter inclusive patchwork seekers, IDPs stateless However, even most cursory assessment overlapping crises which characterize 2020s confirm these definitions, new Conventions additional Guidelines necessarily enhanced access humanitarian assistance, let alone rights. And, course original, “unexpanded” come acknowledged part customary law constantly undermined world. From innumerable examples Spring 2021 alone, governments Denmark UK have, respectively, announced plans revoke Syrians’ status order forcibly return them still-at-war Damascus deny right seek who arrived through “irregular” means, effectively withdrawing Convention. other states’ plans, actions, turn only protests citizens alike Bjerkestrand, 2021), vocal criticisms UNHCR representatives, repeatedly noted such policies actions “risk breaching law” Singh, Zorzut, 2021). Such fall remit supervisory responsibility, integral mandate, since mandated “provide refugees” “promoting conclusion ratification conventions “supervising their application.” All officially beholden cooperate UNHCR, irrespective whether or they parties and/or Protocol.4 Yet, obligation practice lead cooperation, compliance law. Do failures mean either abandoned? would strongly argue answer no. flawed is, starting point, crucial base built upon (especially noting that, current political climate, invariably resist comprehensive alternative per se). And precisely forms, enacted actors, strengthening practices past, will do so future. There ample evidence initiatives including themselves working uphold needs persecuted displaced. lives thousands Rohingya saved rescue operations fishermen fisherwomen Aceh (McNevin Missbach, 2018). Resources solidarity long shared residents neighbourhoods hosting Syrian Lebanon, Jordan Turkey, “local responders” holding diverse statuses, citizens, migrants, 2020). Faith-based secular groups provided human training LGBTQI+inclusive spaces migrants Mexico, strengthen tools local protect support As write, Palestinian demand, protests, strikes social media, organizations comply obligations Investigative journalists, NGOs traced dangers risks face digital technologies used states, agencies perpetuate racialised violence (see Achiume, collective land, air sea prevented deportation countries remain at war, bystanders previous commitment specifically refusing complicit state-sponsored violate Indeed, transnational direct forms lobbied worked agencies, accountable. For instance, engagement effective changing around, implementing alternatives to, immigration detention Taiwan Thailand Zambia (Mitchell, mandates critiqued complicity too situations, organizations, scholars, journalists having documented denounced staff's sexual abuse (including West Haiti) Alexander Stoddard, wide coalition backgrounds, practitioners, activists academics platforms broad umbrella “decolonising aid” imagine ensure upheld challenge, rather than reproduce neocolonial power imbalances Nasser-Eddin Abu-Assab, Identifying intend idealize people, world, all intersecting systems, if relative very state representatives. effect, rarely sustainable, times co-opted institutions; course, equally case against refugees. Most importantly, emblematic systematic, (just need humanitarianism arises failed, whilst recalling granting historically perceived political, “humanitarian” act). Far fatalism, dilution frameworks, however, together, acts fill address ubiquitous, inevitable. They highlight politically produced reproduced because often failed refused meet obligations. ultimately, reimagining future accompanies follows acts, authorities held accountable failures, demanding enacting humane