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6 Forced Migration and Its Linkages with Notions of Inclusion and Exclusion

6 Forced Migration and Its Linkages with Notions of Inclusion and Exclusion

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is configured is to ensure that those who do not enjoy the rights of citizenship in their countries of origin as a result of persecution are given a

surrogate form of protection—but one that is temporary until such time

as they can meaningfully reassert the bonds of citizenship. But in reality,

too often this re-nationalisation does not happen: while the 1951 Refugee

Convention enjoins States Parties to assimilate and naturalise refugees in

their countries ‘as far as possible’ (Article 34), thus encouraging them to

grant refugees nationality, this is seldom carried out in practice.74 More

broadly, since the 1980s, citizenship has increasingly become a focus for

those working in the areas of migration and forced migration. As Bauböck

states, ‘A migration perspective highlights the boundaries of citizenship

and political control over entry and exit as well as the fact that foreign

residents remain in most countries deprived of the core rights of political participation.’75 While it has also become popular to emphasise more

‘cosmopolitan’ forms of belonging, in which the lines between aliens and

citizens are increasingly blurred,76 a strongly state-based discourse retains

significant salience.

Consequently, the discourse of displacement inevitably highlights and

emphasises notions of national identity—or lack thereof: within the rubric

of national and international legal and political structures, a refugee is a

refugee from a country to a country.77 Removed from their home, displacement leads to a disjuncture between territory and nationality78 and

fundamentally alters people’s relation to the state. Long, with reference to

Arendt, talks of how it is generally recognised that the identity of ‘refugee’

(in the twentieth century) is inextricably linked to the development of the

nation-state and the primary form of political organisation:

Refugees were symptomatic of the particular exclusivity of political identity

conceptualised within a nationalist framework. Similarly, the development of

international responses to the crisis of displacement had direct connections

to hardening conceptualisations of territorially-bounded political nations as

the legitimate embodiment of state sovereignty. To remake refugees into

citizens was the evident solution: this required repatriation, or in the case

that no state was prepared to recognise a right of return, assimilation into a

new society and, therefore, citizenship.79



In the first instance, notions of inclusion and exclusion have too often

been the cause of the violence that has led to displacement: people have

been violently forced from their homes on the basis of their membership

of a particular group or as a result of their presence in a specific territory—

or both. Contestation around perceptions of belonging has therefore been



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a major cause of populations in the Great Lakes region being forced to

divide and regroup across national borders seeking shelter from inequality, conflict and persecution. At the same time internally displaced persons

(IDPs), whose forced removal from their homes also reflects a failure in

the state’s ability to protect them, retain their nationality yet are unable to

fully—if at all—exercise their rights as citizens.

Nationality, a fundamental human right, is then often effectively denied

to those in exile: unable to return home yet with little prospect of attaining

new nationality through naturalisation, they have their lives put on hold

in a context in which the default position of UNHCR and host governments is to house refugees in camps and settlements. While they ‘enjoy’

international protection under refugee law, in reality the conditions of

their exile in the Great Lakes region—constrained by lack of freedom of

movement and exclusion from meaningful integration—often amounts to

a form of unbelonging in as much as it is characterised by marginalisation

from meaningful engagement with the state. Although host countries are

reluctant to grant refugees nationality—claiming that they will eventually

return home and reclaim their former citizenship—the reality is that many

refugees remain in exile indefinitely. A collection of international instruments that, in theory at least, protect them in the meantime do not make

up for the absence of belonging that nationality affords to individuals and

groups.

While the lives of self-settled refugees tell a slightly different version

of this story, their status remains precarious. In countries where national

policies do not permit them to be outside of camps, they are often forced

to become invisible within the national political and legal structures of the

country. They are heavily reliant on the host population for land or other

means by which to generate a living, having not received any assistance

by virtue of refusing to live in a settlement, and are often reliant on local

government structures to legitimise their stay.80 Their ability to negotiate

spaces for belonging at a local level is likely to be contingent upon multiple factors, including language skills and shared ethnicity with the host

population. Regardless, while they might live as de facto citizens of the

country, in reality they remain in legal limbo, which is a vulnerable position to be in.

Finally, the linkages between forced migration and citizenship are particularly pertinent in discussions on ‘durable solutions’—which, ultimately,

is about the (re)securing of citizenship ties either through returning

‘home’ or obtaining a new nationality. The former has been aggressively



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pursued as the optimal outcome in any situation of displacement, to the

neglect of both resettlement and local integration: while displacement

sheds light on the failure of the state, the ability for people to return to

their homes is seen as evidence that such failures have been addressed,

echoed by the vested interest of governments in encouraging return. As a

result, return processes are characteristically driven by factors other than

the best interests of refugees themselves, with refugee voices muted in

any debate regarding their future. As Pottier comments, ‘refugees fear

and “know” that it is camp conditions rather than an informed reading

of the region’s political scene which dictates UNHCR’s disposition visà-vis repatriation’.81 All too often refugees have become pawns in interstate relationships through tripartite agreements that are signed with little

regard for protecting their basic rights,82 and those who are displaced are

all too often forced to return ‘home’ even though the circumstances that

made them flee have not changed.

The end of the Cold War was thought to herald a time when everyone could return home, leading High Commissioner Ogata to call in

November 1991 for a ‘year of voluntary repatriation’.83 Yet such optimism

was short lived as the conflicts of the 1990s showed this to be impossible:

the persistence and nature of these conflicts—which were characteristically

intra-state rather than interstate—meant that the possibility and durability

of ‘repatriation’ became increasingly questionable, not least in contexts

in which there was not formerly a genuine bond between citizen and the

country from which they fled and were returning to.84 Indeed, Long questions the very notion of repatriation vis-à-vis its relationship to the ideas

of nation and state. As she says, ‘the word itself implies the prior existence

of patria to which return is possible… some notion of prior relationship

or belonging (repatriation) between refugee and the patria’.85 In a context

in which the notion of citizenship and the legitimacy of the state are in

question, therefore, the concept of ‘return’ as a durable solution becomes

suspect.

Therefore, at all stages in the trajectory of displacement—its causes, the

experience of exile and the process of obtaining a ‘durable solution’—it is

important to understand the ways in which people forge or create forms

of belonging and allegiance. What forms of allegiance make sense as a primary identity marker? To what extent does the emphasis on configuring

displacement within a framework heavily reliant on the salience of national

identities make sense on the ground? How do legal constructions relate

to the ambiguities of belonging and allegiance that exist on the ground?



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Most importantly, does the granting of nationality end the marginalisation

and exclusion characteristic of any form of displacement, and what impact

do such legal guarantees have on other forms of marginalisation—whether

social, racial, economic, political or cultural? This book is concerned with

infusing debates around these highly theorised complexities with the perspectives of those who are living with these realities, to allow for a greater

understanding of the messy and unstable complexities that exist in this

challenging terrain.



NOTES

1. See, for example, The Hague Convention on Certain Questions Relating to

the Conflict of Nationality Laws, 12 April 1930 in 179 L.N.T.S 89 and 24

AJIL (Supplement)(1930).

2. Lucy Hovil and Zachary Lomo, (2015) ‘Forced Displacement and the

Crisis of Citizenship in Africa’s Great Lakes Region: Rethinking Refugee

Protection and Durable Solutions.’ Refuge, Vol 31 (2), December.

3. Y. Ferguson and R. Mansbach, (1999) ‘Global Politics at the Turn of the

Millennium: Changing Based of ‘Us’ and ‘Them’.’ International Studies

Review, 1(2): 77–107, Summer, p. 78.

4. See the African Union African Commission on Human and Peoples’

Rights, ‘The Right to Nationality in Africa’, p. 8 (http://www.refworld.

org/pdfid/54cb3c8f4.pdf accessed 19/01/2016).

5. Rainer Bauböck, (1999) ‘Citizenship and migration—concepts and controversies.’ In Rainer Bauböck (ed), Migration and Citizenship: Legal

Status, Rights and Political Participation. IMISCOE Reports, Amsterdam

University Press, X, 17.

6. Bauböck (1999), p. 17.

7. Ferguson and Mansbach (1999), p. 79.

8. Ferguson and Mansbach (1999), p. 99.

9. A. Kraler, (2004) ‘The State and Population Mobility in the Great Lakes.’

Sussex Migration, Working Paper no. 4, p. 10.

10. J.  Herbst, (2000) States and Power in Africa: Comparative Lesson in

Authority and Control. Princeton University Press: Princeton, NJ, p. 227.

11. T. Ranger and R. Werbner (eds.), (1996) Postcolonial Identities in Africa.

London and New Jersey: Zed Books, p. 12.

12. Katy Long, (2008) ‘State, Nation, Citizen: Rethinking Repatriation.’

Refugee Studies Centre Working Paper No. 48, Oxford, August, p. 17.

13. Ferguson and Mansbach (1999), p. 88.

14. K. Holsti, (1996) The State, War, and the State of War. United Kingdom:

Cambridge University Press, pp. 75–76.



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15. Holsti (1996), Preface.

16. Disorder, in this context, is not the same as irrationality, but refers to the

realm of what is informal, uncodified and unpoliced, as defined by

P.  Chabal and J.  Daloz, (1999) Africa Works: Disorder as Political

Instrument. Oxford/Bloomington: James Currey/Indiana University

Press.

17. Chabal and Daloz (1999), p. 14.

18. Ranger and Werbner (1996), p. 12.

19. P.  Chabal, (1996). ‘The African crisis: context and interpretation.’ (In

Werbner R. & T. Ranger (eds), Postcolonial Identities in Africa. London

and New Jersey: Zed Books. pp. 29–54.) p. 52.

20. Ferguson and Mansbach (1999), p. 92.

21. Makau Mutua, (2008) ‘Human Rights in Africa: The Limited Promise of

Liberalism.’ African Studies Review, Vol. 51, No. 1, pp. 17–39, 28.

22. M. Mamdani, (2004) Citizen and Subject: Contemporary Africa and the

Legacy of Late Colonialism. Fountain Publishers: Kampala, Uganda. This

theory is also expanded in M.  Mamdani, (1997) ‘Understanding the

Crisis in Kivu: Report of the CODESRIA Mission to the Democratic

Republic of Congo.’ Monograph Series 1/2001, September, p. 5.

23. Ibid.

24. J. Harrington, (2005) ‘Voiding Human Rights: Citizenship and Discrimination in Africa’. Human Rights and Justice Sector Reform in Africa,

Open Society Justice Initiatives, February, p. 23.

25. CODESRIA, (2004). ‘Multinational Working Group on Citizenship in

Africa: Call for Applications. Theme: Citizenship and Identity in

Contemporary Africa.’ Cited in Open Society Justice Initiative, (2007)

‘More Primitive than Torture: Statelessness and Arbitrary Denial of

Citizenship in Africa—A Call to Action.’ Background Briefing for Africa

Programming Advisory Committee Meeting. Kampala, Uganda,

February.

26. Hannah Arendt, (1986) The Origins of Totalitarianism. Andre Deutsch,

pp. 295–296. As cited in Open Society Justice Initiative (2007).

27. Open Society Justice Initiative, (2007). For a detailed analysis of some of

these issues, see Brad Blitz and Maureen Lynch (eds), (2011) Statelessness

and Citizenship: A Comparative Analysis on the benefits of Nationality.

UK and USA.

28. See, for example, Bronwen Manby, (2009) Struggles for Citizenship in

Africa. Zed Books: London, New York.

29. Harrington (2005), p. 23.

30. Open Society Justice Initiative (2007).

31. At the most fundamental level, the Universal Declaration of Human

Rights ascribes to all human beings the right to a nationality. This right



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32.

33.

34.

35.

36.



37.



38.

39.



40.

41.



is based on the expectation that national membership will provide individuals with access to the rights and protections of citizenship that will,

in turn, enable the realisation of other human rights. It does not, however, confer a right to a particular citizenship. The Convention on the

Reduction of Statelessness, which came into force in 1975, recognises

that persons can be both de jure and de facto stateless (without effective

nationality) but offers little in the way of binding obligations on states.

In Africa, the elaboration of a number of rights for the non-citizen and

of the forcibly displaced, coupled with the conception of individual and

collective rights set out in the African Charter on Human and Peoples

Rights, have set the normative stage for the beginning of a discussion of

a theory of citizenship that is rooted in a state’s recognition of a responsibility to protect rather than determined by the existence of a citizenstate nexus based on traditional categories of bloodline or place of birth.

See inter alia, Amnesty International v. Zambia, 5 May 1999; Union

Inter Africaine des Droits de l’Homme and others v. Angola, 11

November 1997; Rencontre Africaine pour la Defense des Droits de

l’Homme v. Zambia, October 1997. See more generally, ChalokaBeyani,

(2006) A Guide to the Use of the African Human Rights System in the

Protection of Refugees, available from the International Refugee Rights

Initiative and the Windle Charitable Trust.

Harrington (2005), p. 24.

Harrington (2005), p. 24.

Harrington (2005), pp. 24–25.

Harrington (2005), p. 24.

African Commission on Human and People’s Rights, (2014) ‘The Right

to Nationality in Africa.’ African Union, May (http://www.refworld.

org/pdfid/54cb3c8f4.pdf accessed 18 January 2016).

See Sarone Solomon, ‘African Committee Finds Kenya in Violation of the

Rights and Welfare of the Child’. Human Rights Brief, October 2011

( http://hrbrief.org/2011/10/african-committee-finds-kenya-inviolation-of-the-rights-and-welfare-of-the-child/accessed 17 January

2016).

See, for example, Citizenship Rights in Africa Initiative, www.citizenshiprightsinafrica.org.

D.  Hollenbach, (2008). ‘Internally Displaced People, Sovereignty, and

the Responsibility to Protect.’ In D.  Hollenbach (ed.) Refugee Rights:

Ethics, Advocacy, and Africa. Washington D.C.: Georgetown University

Press, p. 184.

As quoted in Ranger and Werbner (1996), p. 1.

R. Thornton, (1996) ‘The potentials of boundaries in South Africa: steps

towards a theory of the social edge,’ in R. Werbner and T. Ranger (eds.)

pp. 136–162.



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42. L.  Brenner, (1993) ‘Constructing Muslim Identities in Mali,’ in

L.  Brenner (ed.), Muslim Identity and Social Change in Sub-Saharan

Africa. London: Hurst & Company, pp. 59–78.

43. B. Anderson, (1995) Imagined Communities. Reflections on the Origin and

Spread of Nationalism. Revised Edition London and New York: Verso, p. 6.

44. Lucy Hovil, (2007) ‘Self Settled Refugees in Uganda: An Alternative

Approach to Displacement?’Journal of Refugee Studies 20: 599–620.

45. See, for example, J. Lonsdale, (1992) ‘The moral economy of Mau Mau,’

in B. Berman and J. Lonsdale (eds.), Unhappy Valley: Conflict in Kenya

and Africa. London: James Currey, pp. 265–504.

46. See, for example, G. Maré, (1995) ‘Swimming Against many Currents:

nation-building in South Africa’. Paper presented at the conference,

Ethnicity in Africa—Roots, Meanings and Implications, Centre of African

Studies, Edinburgh, 24–26 May.

47. P. Geschiere, (1995) ‘Witchcraft, kinship and the moral economy of ethnicity—regional variations in Cameroon’. Paper presented at the conference, Ethnicity in Africa—Roots, Meanings and Implications, Centre of

African Studies, Edinburgh, 24–26 May.

48. See, for example, S.  Kaufman, (2006) ‘Symbolic Politics or Rational

Choice? Testing Theories of Extreme Ethnic Violence.’ International

Security, 30(4): 45–86. Spring.

49. T. Allen and J. Seaton (eds), (1999) The Media of Conflict: War Reporting

and Representations of Ethnic Violence. London and New  York: Zed

Books, p. 4.

50. See G.  Prunier, (1995) The Rwanda Crisis 1959–1994. History of a

Genocide. London: Hurst & Company.

51. Lomo and Hovil (2004) ‘Behind the Violence: the war in northern

Uganda.’ Refugee Law Project, Working Paper 11.

52. C. Newbury, (1998) ‘Ethnicity and the Politics of History in Rwanda.’

Africa Today, 45(1), p. 7, January–March.

53. Uvin, for instance, talks about ‘difference’ in both Rwanda and Burundi

as being along ethnic lines. See P. Uvin, 1999. ‘Ethnicity and Power in

Burundi and Rwanda: Different Paths to Mass Violence.’ Comparative

Politics, 31(3): 258–271, April.

54. R.  Lemarchand, (1989) ‘Burundi: The Killing Fields Revisited.’ A

Journal of Opinion, 18(1): 22–28, Winter.

55. Lemarchand (1989).

56. Uvin (1999), p. 254.

57. See, for example, the debate between Alex de Waal and John Prendergast

in Newsweek, ‘Duelling Over Darfur’. URL: http://www.newsweek.

com/id/69004.

58. Alex de Waal, (2007) ‘Reflections on the Difficulties of Defining Darfur’s

Crisis as Genocide.’ Harvard Human Rights Journal, Vol. 20, pp. 25–33.



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59. S.  Jackson, (2006) ‘Sons of Which Soil? The Language and Politics of

Autochthony in Eastern D.R.Congo.’ African Studies Review, 49(2):

95–123.

60. Jackson (2006).

61. Kraler (2004), p. 10.

62. B. Ceuppens and P. Geschiere, (2005). ‘Autochthony: Local or Global?

New Modes in the Struggle over Citizenship and Belonging in Africa and

Europe.’ Annual Review of Anthropology, 34: 385–407.

63. Ceuppens and Geschiere (2005).

64. P.  Geschiere and F.  Nyamnjoh, (1998) ‘Witchcraft as an Issue in the

‘Politics of Belonging’: Democratisation and Urban Migrants’ Involvement

with the Home Village.’ African Studies Review, 41(3): 69–91.

65. Geschiere and Nyamnjoh, p. 71.

66. B.  Whitaker, 2005. ‘Citizens and Foreigners: Democratisation and the

Politics of Exclusion in Africa.’ African Studies Review, 48(1) April.

67. Whitaker (2005), p. 110.

68. Whitaker (2005), p. 112.

69. Whitaker (2005), p. 119.

70. Whitaker (2005), p. 121.

71. J.  Comaroff and J.  Comaroff, (2001) ‘Naturing the Nation: Aliens,

Apocalypse and the Postcolonial State.’ Journal of Southern African

Studies, 27(3): 627–651, September, p. 635.

72. Whitaker (2005), p. 116.

73. There were a total of 2,932,000 refugees in Africa at the beginning of

2007 (http://www.refugees.org/article.aspx?id=1941&subm=179&are

a=Investigate), of which 1,119,400 were in Central Africa and the Great

Lakes region (http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.pdf?id=478ce0532&tbl=STATISTICS). At the same time, recent

estimates of the numbers of Internally Displaced Persons (IDPs) were

estimated at 100,000  in Burundi, 300,000–350,000  in Kenya and

1,270,000 in Uganda (http://www.internal-displacement.org). Yet even

these statistics only tell half the story: tens of thousands more displaced

people have not been counted as they fall off the official radar.

74. For instance refugees from Burundi who have been living in Tanzania had

to wait for almost four decades for the Government of Tanzania to offer

them naturalisation—and even in this instance, the fact that they were

eventually given the option of applying for Tanzanian citizenship was seen

as somehow extraordinary. See CSFM, IRRI and SSRC, October 2008.

75. Bauböck (2006), p. 16.

76. Bauböck (2006), p. 9.

77. Kraler (2004), p. 9.

78. Holsti (1996), p. 64.



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79. Long (2008), p. 9.

80. For a discussion on issues pertaining to freedom of movement within the

context of Uganda, see Lucy Hovil, (2007) ‘Self-Settled Refugees in

Uganda: An Alternative Approach to Displacement?’ Journal of Refugee

Studies, 20: 599–620; Lucy Hovil, (2002) ‘Free to Stay, Free to Go?

Movement, Seclusion and Integration of Refugees in Moyo District.’

Refugee Law Project, Working Paper No. 4, May; Eric Werker, (2002)

‘Refugees in Kyangwali Settlement: Constraints on Economic Freedom.’

Refugee Law Project, Working Paper No. 7, November; and Moses

Chrispus Okello et al., (2005) “There Are No Refugees In This Area’:

The Situation of Self-Settled Refugees in Koboko.’ Refugee Law Project,

Working Paper No. 18, November.

81. J. Pottier, (1996). ‘Relief and Repatriation: Views by Rwandan Refugees;

Lessons for Humanitarian Aid Workers.’ African Affairs, 95(380)

pp. 403–429, July, p. 423.

82. Barbara Harrell Bond, (1989) ‘Repatriation: Under What Conditions Is

It the Most Desirable Solution for Refugees? An Agenda for Research.’

African Studies Review, Vol. 32, No. 1., April, pp. 41–69.

83. Long (2008), p. 20.

84. Long (2008), p. 6.

85. Long (2008), p. 9.



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Hovil, Lucy, and Zachary Lomo. 2015. Forced displacement and the crisis of citizenship in Africa’s Great Lakes region: Rethinking refugee protection and

durable solutions. Refuge 31(2): 39–50.



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6 Forced Migration and Its Linkages with Notions of Inclusion and Exclusion

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