Sexuality-based refugee claims constitute an expanding area of legal practice and scholarship. This expansion in the field of refugee law mirrors international efforts to address homophobia in various sites around the globe, and in legal terms, this has predominantly taken the form of rights-based protections, such as decriminalising same-sex sexual acts as a matter of civil and political rights. The strategies of addressing sex-, gender- and sexuality-based oppression in the context of free movement on one hand and constitutional protections on the other share a common set of tensions and dilemmas, and both risk re-inscribing fundamental aspects of the very violence that they each seek to address. This article asks what it might mean to “queer” refugee law, particularly in the context of its dynamic relationship with the discourse of decriminalisation. The article takes forward the centrality of sexual politics within the moral economy of migration regulation and attempts to approach it with the methodological impulse and transformative potential that “queer” suggests.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
A. Fallon and O. Bowcott, ‘Uganda politicians celebrate passing of anti-gay laws’, The Guardian, 24 February 2014, <www.theguardian.com/world/2014/feb/24/uganda-president-signs-anti-gay-laws>, visited on 2 November 2014.
N. Perkowski, ‘A Normative Assessment of the Aims and Practices of the European Border Management Agency Frontex’, Working Paper Series No. 81 (Refugee Studies Centre, Oxford, 2012). See also J. Sunderland, ‘Europe Failing to Tackle Boat Tragedies in Mediterranean’, 12 September 2012, Human Rights Watch, <www.hrw.org/news/2012/09/12/europe-failing-tackle-boat-tragedies-mediterranean>, visited on 2 November 2014.
Halberstam, supra note 9, p. 13.
Balibar, supra note 23, p. 24.
Millbank, supra note 3.
Balibar, supra note 23, p. 24.
D. Smith, ‘Teenage Lesbian Is Latest Victim of “Corrective Rape” in South Africa’, The Guardian, 9 May 2011, <www.theguardian.com/world/2011/may/09/lesbian-corrective-rape-south-africa>, visited on 2 November 2014. See also E. P. Motswapong, ‘Surviving Behind the Mask: Lesbians and Gays in Botswana’ in B. Scherer, Queering Paradigms (Peter Lang, New York, 2010) p. 350.
Fanon, supra note 48, p. 8.
Fanon, supra note 33, pp. 34–35.
Verdirame, supra note 20.
Rao, supra note 53; G. Ogwaro, ‘Press Release: Guidelines for Supporting the Ugandan lgbti Effort to Advocate against the Anti-Homosexuality Bill’, in Civil Society Coalition on Human Rights & Constitutional Law (Refugee Law Project, Makerere University School of Law, 2012).
Kirby, supra note 69, p. 67.
Verdirame, supra note 20.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 669 | 117 | 6 |
Full Text Views | 710 | 3 | 0 |
PDF Views & Downloads | 788 | 8 | 0 |
Sexuality-based refugee claims constitute an expanding area of legal practice and scholarship. This expansion in the field of refugee law mirrors international efforts to address homophobia in various sites around the globe, and in legal terms, this has predominantly taken the form of rights-based protections, such as decriminalising same-sex sexual acts as a matter of civil and political rights. The strategies of addressing sex-, gender- and sexuality-based oppression in the context of free movement on one hand and constitutional protections on the other share a common set of tensions and dilemmas, and both risk re-inscribing fundamental aspects of the very violence that they each seek to address. This article asks what it might mean to “queer” refugee law, particularly in the context of its dynamic relationship with the discourse of decriminalisation. The article takes forward the centrality of sexual politics within the moral economy of migration regulation and attempts to approach it with the methodological impulse and transformative potential that “queer” suggests.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 669 | 117 | 6 |
Full Text Views | 710 | 3 | 0 |
PDF Views & Downloads | 788 | 8 | 0 |